Black Bay Village Owners Association New Parking Rules

Here is a message I received from the Black Bay Village owners Association Board of Directors:
The Board of Directors has reviewed the Association governing documents (CC&R) concerning street parking on Mordyl Loop. These conditions include street parking and parking spaces on either side of the Community Center.
In accordance with Article 8.3 of the CC&Rs, it has been determined that parking in the street will be subject to the following conditions:

No vehicles may be parked in the street at any time during snow removal season.
During other seasons, vehicles may be parked in the street for 2 hours or less between the hours of 7 am. and 9 pm. Vehicles may be parked in the street between the hours of 9 pm and 7 am.
Any vehicles in violation of these conditions will be warned with a sticker affixed to either the windshield or driver's window. After being warned, if the vehicle is not moved within a reasonable time, it will be towed at the owner's expensIn accordance with that same article, no personal property may be stored on common property. Common property is defined as any area outside townhouse walls and fences. Please remove any recycle bins, garbage cans, or personal property from common areas and store them behind your fence or in your garage.

Thank you for your prompt cooperation in these matters.
Sincerely,
Black Bay Village Homeowners Association Board of Directors

My reply:
Here is what article 8.3 of the CC&R's actually reads:
Unit Maintenance Balconies and Patios. Each Unit and any Limited Common Area appurtenant thereto shall be maintained in a clean, neat, and orderly condition and in good repair at all times. No items may be stored or maintained on any balcony or patio, other than a table, chairs, plants, and such other items as may be specifically allowed by the Board in writing or according to its Rules and Regulations. In the event the Board determines to allow barbecues on patios or balconies, such barbecues shall be gas-operated and not fueled by charcoal, wood, or other material.

Article 8.3 makes no mention of street parking There is no mention of street parking anywhere in the CC&R's. I've attached the correct CC&R document.

Their Response:
The board can enact reasonable Rules and Regulations relating to the use of the common area per the CCR’s Section 3.5 Regulation of Common Area Use. The street is a common area. The board has received complaints of other people parking and making it difficult for them to get in out of their driveway. If you have a better solution for the other residents to prevent people from parking and blocking residents in, please suggest it. The volunteer board will gladly hear and consider other solutions. That is why board is allowing overnight parking in the street because most people do not drive out night. The problem is during the day and the board is trying to address that problem that residents have made.

My Reply:
My issue has to do with the legal requirement to do things in accordance with the Association's governing documentsa nd Idaho State law.
First of all, Idaho State law requires that members be allowed to participate in any and all board meetings except for executive sessions as defined by law.
Also, any changes to the CC&R's require a 65% majority of all members to approve any changes.
Idaho law also prohibits HOA Boards to make rules and CC&R changes that are more restrictive.

Article 55-3204 subsection 5 of the Idaho Homeowner's Association Act reads as follows:
(5) A board of a homeowner’s association may not use its power to adopt rules governing the common property to expand the provisions of the restrictive covenants as they relate to a member’s property.

I've attached below the complete Idaho code Article 55 Chapter 32 for your reference.
There are also additional laws that regulate the towing of vehicles that must also be observed especially regarding signage.

TITLE 55
PROPERTY IN GENERAL
CHAPTER 32
HOMEOWNER’S ASSOCIATION ACT
55-3204. administration of an incorporated or unincorporated homeowner’s association. (1) Board meetings must be open to the members of the homeowner’s association and any representative or agent designated in a signed writing by a member to represent the member.
(2) An executive session at which members of the homeowner’s association are excluded may be held upon a majority vote of the board for the following purposes:
(a) To consider matters of personnel, hiring, bid review, or contract negotiation;
(b) To consider records that are not subject to disclosure under part 11, chapter 30, title 30, Idaho Code;
(c) To consult with an attorney for the purpose of obtaining legal advice. The mere presence of legal counsel at a board meeting shall not justify entering into executive session;
(d) To discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; or
(e) To discuss sensitive matters related to an individual member’s property or assessments, such as violations or delinquent assessments.
(3) All homeowner’s associations, whether incorporated or unincorporated, shall:
(a) Hold a meeting of the membership each calendar year. Such meeting may be conducted in person or, with the approval of a simple majority of the members, through an electronic or hybrid meeting model;
(b) Be governed by the provisions of sections 30-30-501 and 30-30-505, Idaho Code, as those provisions relate to notice of meetings of the homeowner’s association. The board may adopt a process for members to choose to receive notice of any meeting of the homeowner’s association by electronic means rather than by mail. All dates and information of the notice must remain the same as a mail notice;
(c) Take minutes from all meetings of the homeowner’s association, including membership meetings and board meetings, and preserve such minutes for a minimum of ten (10) years; and
(d) Determine and establish the amount of assessments in accordance with the governing documents or, in the event the governing documents do not include such language, with the approval of a majority of the members of the homeowner’s association.
(4) At an annual meeting of the homeowner’s association, board members shall declare any conflict of interest or familial relationship that exists with respect to such board member and any person or entity who has previously entered into or seeks to enter into a service contract with the homeowner’s association.
(5) A board of a homeowner’s association may not use its power to adopt rules governing the common property to expand the provisions of the restrictive covenants as they relate to a member’s property.
(6) All homeowner’s associations, whether incorporated or unincorporated, shall be governed by sections 30-30-502 and 30-30-608, Idaho Code, as those sections relate to the removal of a board member and the process of calling a special meeting for such removal.
(7) Unincorporated homeowner’s associations shall be governed by bylaws that provide for at least the following:
(a) A requirement that the homeowner’s association holds at least one (1) meeting each calendar year;
(b) A requirement that notice of any meeting of the homeowner’s association be published and distributed to all members of the homeowner’s association;
(c) A requirement that the minutes of all homeowner’s association meetings be taken and preserved;
(d) A method of adopting and amending fees; and
(e) A provision that no fees or assessments of the homeowner’s association may be increased unless a majority of all members of the homeowner’s association vote in favor of the increase.
(8) If a homeowner’s association violates any of the provisions of this chapter and a member prevails in a legal action to protect his rights, the member shall be entitled to an award of reasonable attorney’s fees.
History:
[55-3204, added 2022, ch. 323, sec. 4, p. 1040; am. 2024, ch. 214, sec. 2, p. 760.]

Once agian, the clueless Black Bay Village Owners Association Board of Directors have acted illegally with utter disregard for State Law as well as the Associations governing documents.