If Lee County Code prohibits street parking, then why is street parking allowed in Lee County?

Posted on March 25, 2019, 3:35 pm
7 mins

The HOA board of the Daniel’s Preserve community would really like to ban parking on their streets — against the resident’s wishes.

The board apparently tasked the association’s attorney to find justification for the street parking ban, and the attorney delivered his thoughts or legal opinion or whatever you’d like to call it.

In the letter crafted late last week, the attorney cited Section 10-296 of the Lee County Development Code. The attorney’s letter is about 10 paragraphs long and gets in to road widths, drainage and other aspects and explains why under the LDC street parking should be a no-no in Daniel’s Preserve.

But before the attorney got to the LDC, he made the following statement: It appears that Lee County does not impose parking violations simply because a person has parked on a narrow street…

That’s correct.

Street parking is permitted on county-owned residential streets with the obvious exceptions of parking in front of fire hydrants, etc.

So ask yourself this question: If your justification to ban parking is that it’s against Section 10-296 of the Lee County Development Code to park on the streets – then how come you’re allowed to park on the streets owned by Lee County themselves?

Put another way: How is it that you’re going to cite Lee County’s rules to claim your community is unfit for street parking … when Lee County themselves allow parking under those very rules, on roads the exact same size as in Daniel’s Preserve?

So I guess we’re going with “Just look at these Lee County rules! These Lee County rules clearly prohibit street parking … except on the roads owned by Lee County!”

Makes sense.

And I still can’t get over the whole “turning a blind eye” to vendors thing. If you’re going to turn a blind eye to vendors who are parked for, say, 30 minutes … why can’t you turn a blind eye to a resident who’s parked for 30 minutes? Or a guest who’s parked for 30 minutes? And what’s the plan for when you move in or out? How is it safe to park a massive moving truck on the street for hours? Or are you going to turn a blind eye to that too? What’s the plan here guys?

But again, it’s not even about parking. It’s about control, so they’ll deal with your complaints with both of their ears plugged with their middle fingers.

Lastly, for your reading pleasure … Below is a statement from the Daniel’s Preserve HOA board. It says that if the public keeps finding out what the HOA board is up to it could harm property values. (How bout you just don’t do that kind of stuff in the first place? Too much to ask?) The way I read it, the board stresses the importance of no longer letting the Gateway Sun/public know what’s going on with the HOA in that community so that the association’s activities can be kept a secret … presumably from potential home buyers?

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Unfortunate and damaging choices

It is unfortunate that once again, one or more members of our community have chosen to damage the image of Daniels Preserve by publicizing differences of opinions that exists among neighbors regarding the functioning of our HOA. We wonder how this individual or individuals believe providing this sort of internal Association business to The Gateway Sun, a blog that is described by it’s editor as an, “entertainment”, publication, enhances the marketability of our community. It is truly sad that some individuals have a personal agenda so important to them or are so inconsiderate for the general welfare of their neighbors that they need to employ methods in a public forum that not only hurts the reputation of the community but makes the issue needlessly personal and contentious. It is also sad that even a small handful of neighbors applaud this action.

While some members of our community have expressed understandable concerns regarding the entire Board’s decision to enforce a long neglected no on street parking bylaw, some property owners, utilizing social media, have chosen to frame this issue in the most adversarial and contentious way possible. Now, strangely shocked that the Board is choosing to follow the guidance of our Association’s long standing attorney rather than the personal preferences of some who do not fully understand the responsibilities and duties that come with being a member of an HOA Board, these individuals have chosen to damage the image of this community and sought to intimidate members of your Board through the use of an individual and publication always eager to criticize and second guess HOA Board members, regardless of community, in the most insulting and demeaning way possible. We think members of our community should consider what that says about the character and true interests of the individual or individuals who have chosen to take that route. Those who claim that the enforcement of the no on street parking regulation will damage property values should contemplate how utilizing a public entertainment blog to portray our HOA in such a negative light will enhance the marketability of all our homes.

Editor of the Gateway Sun and owner of restaurant delivery service Florida Food Runner.

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