Street Parking in the Summit

Did you receive an email from the office yesterday warning you not to park on streets in the Summit?

The following email has been sent to the Board of Directors:


I request that you direct Angela to retract the email she sent yesterday. 

The Summit's HOA has NO jurisdiction over the Barony Place Circle roadway. And NO jurisdiction over the streets in the Lakes at Barony Place (lower end of Barony Place Drive, Lakemont Drive, and Rainey Court. And probably NO authority over any roadway in The Summit.

The HOA cannot prohibit parking in the streets. The HOA's authority under the CC&Rs ends at the curb. The County-owned streets in Barony Place II and in the Lakes at Barony Place were never part of the Common Properties of the HOA.

The HOA cannot bully homeowners or residents. It should not represent that it has authority that it does not have.

Parking on County-owned and -maintained roads is governed only by County ordinances and State statutes.

I proved the absence of jurisdiction in Barony Place II a couple of years ago, when I provided the HOA with a copy of the Deed by which Barony Place Circle was conveyed to Richland County, which owns and maintains the street. The Deed contains no reference to the Summit's CC&Rs. 

When the lower end of Barony Place Drive, Lakemont Drive and Rainey Court were conveyed to the County last year, the streets were conveyed directly by the Developer to the County, free of any mention of the CC&Rs.

I suspect this is true of many other, if not all, streets in The Summit. 

If the HOA believes it has the legal jurisdiction over Barony Place Circle, please provide that documentation to me in writing. The CC&Rs could apply to the streets ONLY if they are in the Common Property of the HOA or if they were accepted by Richland County subject to the CC&Rs.

Furthermore, if you read Section 2(b) of Art. XII of the CC&Rs, you will see that recreation vehicles cannot be parked in driveways.

I believe it would be important to rescind yesterday's email.

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