Jeff Jackson and Julie Jackson, members of the West Maryland Estates Homeowners Association board, told the Evansville Board of Public Safety that they seek written confirmation the subdivision's recorded parking covenants remain enforceable even though the city assumed maintenance of the streets.

"We're not asking the board to enforce the covenant. We recognize that that's our responsibility," Jeff Jackson said during public comment. He described West Maryland Estates as a 30-home subdivision established about 2000 with active restrictive covenants and an engaged HOA.

The Jacksons said the question arose after a resident parked near a corner and after they located a 2011 letter from a city attorney indicating the board had control over parking. A later attorney engaged by the subdivision had interpreted that letter to mean the covenant might be nullified. The Jacksons told the board they had since spoken with the current city attorney, the county commissioner, the city engineer and an associate on the board, who advised the covenants likely remain valid.

A board member asked the Jacksons to provide copies of the recorded covenants and any attorney correspondence. Board counsel agreed to review the documents and follow up with the HOA at a later meeting. No formal enforcement action was requested or taken by the board at the meeting.

The matter is now a referral for counsel review; the HOA will provide the recorded covenants and the 2011 letter so counsel can clarify whether the city's maintenance role affects the private parking covenant.