Question:
PARKING
HOAs cannot prohibit personal or work vehicles (not commercial motor vehicles) from parking in a homeowner’s driveway. They also cannot ban first responder vehicles from parking on public roads within the community..
Our HOA says there is a five foot easement on our yard and driveway so we are not permitted to park in our driveway within 5’ of the road. Is that legal?
– Julie
Answer:
Hi Julie,
In Florida, recent legislative changes have limited the authority of Homeowners Associations (HOAs) regarding parking restrictions. Effective July 1, 2024, Florida House Bill 1203 prohibits HOAs from preventing homeowners or their guests from parking personal vehicles, including pickup trucks, in the homeowner’s driveway.
Regarding easements, Florida law allows property owners to create easements on their own property. However, the specific application of these laws can vary based on individual circumstances and the language in your HOA’s governing documents. If your HOA enforces a rule prohibiting parking within a five-foot easement on your driveway, it may be attempting to regulate parking in a manner that conflicts with the new state laws.
Examine your HOA’s covenants, conditions, and restrictions (CC&Rs) to understand the basis for the five-foot easement rule. Present your findings to the HOA board, highlighting the new state laws that may override their current parking restrictions.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
