Think about this from a homeowners perspective. What if an individual has to walk on to the street and gets hit by a motor vehicle or golfcart, because a car is parked across the sidewalk? Who is that individual going to hold liable for their injury? Yes! You're correct! The homeowner could now be liable and may be subject to unwanted legal action.

"(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:

a.On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
b.On a sidewalk.
c.Within an intersection.
d.On a crosswalk. . . . "

and further down on web page:

Brevard County Ordinaces Sec. 106-47. - Issuance of county parking citations. States in part: 

 
"(a) When any deputy sheriff or parking enforcement specialist employed by the sheriff finds a vehicle in violation of the provisions of this article or signs erected to the provisions of this article, he shall issue a parking citation to the vehicle by placing the citation in a conspicuous place on the vehicle. Such parking citation form shall contain language providing notice of the following:

(1) The type of violation and amount of penalty imposed by this article.
(2) The procedures to be followed in either paying the penalty or electing not to pay such penalty and requesting a hearing before a traffic hearing officer or a county court judge concerning the parking violation.
(3) The penalty for failure to comply with directions contained on the citation."
 

Per Florida Statutes 316.1945?Stopping, standing, or parking prohibited in specified places.— States in part:
 
Section (1)(c) . . . "2.At any place where official signs prohibit parking."
 

First, let's look at what our documents say about a parking area.
Article III Section 3.6 (7(g)) states (pg 10 of 31): "All driveways, turnarounds and parking areas shall be paved or finished with a concrete, brick or other non-asphalt hard dust-free material approved in writing by the ARC. Each driveway shall extend the entire distance from the garage door to the paved portion of the street or roadway in front of or adjacent to the Lot on which such driveway is constructed. The driveway shall be graded in such a manner as to not impede the drainage within the right-of-way or Lot."

Secondly, let's review what is written about front yard.

Article III Section 3.12 states (pg 12 of 31): "Use of Front Yard. No portion of any lot nearer to any street than the building setback line or lines shown upon the Plat shall be used for any purpose other than that of a lawn. Nothing herein contained, however, shall be construed, upon written approval of the ARC, as preventing the use of such portion of said lots for walks, (and drives if otherwise permitted), the planting of trees or shrubbery, the growing of flowers, or ornamental plants, or for statuary, fountains and similar ornamentations, for the purposes of beautifying said Lot; but not vegetables, so called, nor grains of the ordinary garden or field variety shall be grown upon such portion thereof."

Third, before moving on with our documents, let's take a quick look at what Brevard County defines as Easement and Right of Way.

http://www.brevardcounty.us/PublicWorks/RightOfWay

Please pay particular attention to the following on the above link provided: "Drainage ditches, sidewalks and other related structures and improvements are often located within the road right-of-way, but just outside the travel surface of the roadway. The width of this non-traveled area can vary."

Fourth, let's go back to our documents and take a look at what defines Six Mile Creek Subdivision.

Page 1 of our Declaration specifies the area considered Six Mile Creek Subdivision by referencing the Plat Book and Page number for each Phase recorded with Brevard County. 

"WHEREAS, the Association is the record owner of fee simple title to certain real property situated in Brevard County, Florida, which is more particularly described as Six Mile Creek Subdivision, Phase I, recorded in Plat Book 35, Pages 100 and 101, Six Mile Creek Subdivision- Phase II, recorded in Plat Book 36, Page 93, Six Mile Creek Subdivision- Phase III, recorded in Plat Book 37, Pages 40 and 41, and Six Mile Creek Subdivision- Phase IV, recorded in Plat Book 39, Pages 46, 47, and 48, Public Records ofBrevard County, Florida (the
"Subject Property")."
 

The Plat maps can be found online. We have also included them in the Document Area, for quicker access and review. The Plat maps become important to review because they define what is the "Right of Way" and "Easement" for each lot owner within our community.

After reviewing the Plat Maps, it can be determined that the sidewalk area and grass area (known also as tree line or front apron) in front of each home is actually owned by the county and is considered Public Right of Way. The Right of Way is defined as 25 feet from centerline of the road or 50 feet total for all roads in our community except for Crane Creek Blvd. and Old Glory Blvd. The Plat Maps showing Crane Creek Blvd and Old Glory Blvd. define the Right of Way as 40 feet from centerline of the road way or 80 feet total.

Even though the area the sidewalk is on and the grass area next to the street is owned by the county, each homeowner is still responsible for its maintenance and upkeep. 

Next, let's take a look at what our documents say concerning storage and parking.

Per Article II Section 2.5 and 2.5(b): "Storage of Vehicles or Equipment and Garage Doors. No motor vehicle or nonmotorized vehicles, recreational vehicle (Class A, B, or C), trailer, travel trailers, boat, marine craft, hovercraft, aircraft, tow truck, machinery or equipment of any kind may be parked or stored on any part of any Lot, easement or right-of-way unless granted written approval by the Board of Directors of the Association or such vehicle or object is completely concealed from public view inside a garage or approved enclosure. Passenger automobiles, passenger vans, motorcycles; or pick-up trucks that are in operating condition, having current license plates, are in daily use as motor vehicles on the streets and highways of the State of Florida, and which do not exceed one-half ( 1/2) ton capacity are excepted herefrom provided that they shall not be parked in the public right-of-way within the boundaries of Six Mile Creek between the hours of midnight and 7:00a.m. and they do not bear any commercial signage (with the exception of law enforcement vehicles), insignias, nor openly display materials, equipment, supplies, tools, or the like."

(b) "Any vehicle parked or stored in violation of these restrictions or in violation of any rules and regulations adopted by the Association concerning the same may be towed away or otherwise removed by or at the request of the Association and at the sole expense of the Owner of such vehicle in violation of these restrictions or such rules and regulations. In the event of such towing or other removal, the Association and its employees or agents shall not be liable or responsible to the Owner of such vehicle for trespass, conversion or damage incurred as an incident to or for the cost of such removal. The towing or removal of such vehicle shall not be viewed as a criminal act or have any civil liability."

No parking on the grass has been put in Newsletter after Newsletter over the years and has been a long-standing rule not to park on the grass even during the daytime.

Next, let's take a look at Enforcement.

Per Florida Statutes Chapter 720 Section 720.3033?"Officers and directors.— (1)(a)?Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members."

Your current Board of Directors has acknowledged that they have read the "Association's governing documents, as well as written policies, and will work to uphold such Governing Documents and policies to the best of their ability and that they will faithfully discharge their fiduciary responsibility to the Association’s members."

Each member of your current board has signed an acknowledgement -----> Board Certification 720.3033

Our governing documents further require, per Article VIII Section 8.15 (pg 23 0f 31): "The foregoing [previous] terms, conditions, reservations and restrictions shall be enforced by the Association." 

Article X Section 10.5 states in its entirety: "Enforcement of this Declaration shall be by any appropriate proceeding in law or equity in any court or administrative tribunal having jurisdiction, against any person or persons, firm or corporation violating or attempting to violate or circumvent any provision herein contained, either to restrain or enjoin such violation or threatened violation or to recover damages, and against any Lot to enforce any lien created by this Declaration, and failure by the Association or any Owner to enforce any covenant or restriction herein contained for any period of time, shall in no event be deemed a waiver or estoppel of the right to thereafter enforce the same. In the event that the Association should at any time fail to discharge its obligations to maintain any portion of the Subject Property as required by this Declaration, or to enforce the provisions hereof, any Owner shall have the right to enforce such obligations by any proceeding at law or equity. A failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter."

So, if the Board of Directors fails to discharge its obligation to enforce our governing documents, any Owner has the right to bring suit against the Association for failing to enforce.

Our documents allow written approval by the Board of Directors for special circumstances that may violate our rules in Section 2.5 of the CC&R. Some neighbors have already submitted requests for approval by the Board and the Board has provided written approval. 

For over two decades homeowners who have had special circumstances such as parking a boat temporarily in their driveway, needing to bring in a R.V. for the day for cleaning, or parking a travel trailer in their driveway for packing or unpacking have been given written permission by the Board for their request.

Please allow at least 7 days in advance, because at least 2 board members must approve the request and - as you know- we are volunteers.