Public Street Parking Fine in HOA

Question:

HOA Board created a policy to fine residents for public street parking within the neighborhood.. As streets are public and not private within this HOA, so per state laws – state governs rules for street parking and not HOA Bylaws or policies created by HOA Board. If there is no sign forbidding to park, HOA Board should not be enforcing the policy. What grounds does HOA Board have to fine residents for parking on public streets even if they are within the neighborhood?
Thank you.

– Gintare

 

Answer:

Hi Gintare,

In general, an HOA can’t control parking on public streets. An HOA only has control over the common areas it owns or manages — this includes imposing any rules on them. It is best to check your HOA’s governing documents, particularly the community plat and the CC&Rs, to confirm whether or not your HOA has control over your neighborhood’s streets.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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