D'Ambrosio v. Beach Park Road Association Inc.
If a beach association amends its bylaws and fails to send the amended rules to members seven days before the meeting and to post the amended rules on a signpost for seven days, the amended rules may not be valid. The plaintiff, Rose D'Ambrosio, credibly testified that motor vehicles parked on Cross Avenue interfered with access to her residence. D'Ambrosio sued the Beach Park Road Association, alleging that Cross Avenue qualifies as a "street," and that the beach association failed to enforce "street" parking rules. The parking rules provide, "parking vehicles on street is prohibited at all times between May 15 to October 1." The defendants objected that the rules were amended in 2009 to ban parking only on Blake Avenue, which would permit motor vehicle parking on Cross Avenue. The amended parking rules provide, "Parking of vehicles on Blake Avenue is prohibited at all times between May 15 and October 1." The plaintiff objected that the procedure that the board followed to amend the bylaws was not valid, because the rules were not sent to members seven days before the meeting, and they were not posted on a sign post for seven days. The bylaws provide, "No Bylaws, ordinance or regulation shall take effect until ten days after its passage, nor until it shall have been posted on a signpost, which shall be erected within the territorial limits of the Association at a place designated by the Board of Governors, for at least seven days." The court found that the original rules remained in effect. "Because the amended rules were not properly enacted by following the procedure specified in the bylaws," wrote the court, "they have no legal effect." The plaintiff established that parking is barred on Cross Avenue between May 15 and October 1. The court granted the plaintiff's request for an injunction and barred the defendant neighbors and their guests, tenants, agents, heirs and assigns from parking their motor vehicles on Cross Avenue between May 15 and October 1. The court granted judgment to the defendants on the plaintiff's allegation of discriminatory enforcement.