Can my HOA prohibit us from parking on public streets?

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  • #368985
    ginnie34
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    My HOA has a rule that says we can’t park on public streets during certain hours of the day. But these are public streets, so the HOA shouldn’t have authority over them right? Is this kind of rule even legal and enforceable?

    Would really appreciate your input.
    Ginnie

    #368986
    scottstots
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    If your state laws and C&Rs allow your HOA to create such a rule and give it the power to enforce it, then I don’t see the problem. The rule sounds fair and reasonable to me.

    #368987
    queenbeeth
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    I disagree with the above. If they are public streets, I don’t think your HOA has authority to prohibit parking on them. They’re PUBLIC streets so I think your local government has authority over them. And state and local laws always come first before HOA restrictions.

    #368988
    rebecca086
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    Yes, I agree with queenbeeth. You can regulate parking on private streets, but not public streets. Your HOA also can’t enforce that rule on non-HOA members parking on public streets.

    #368989
    anthony_s2
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    I suggest you talk to your association’s attorney about this problem, Ginnie. They should be able to help you decipher the laws in your local area as well as your covenants and restrictions.

    #368990
    iambatman
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    Hi Ginnie,

    Perhaps you could talk to your city or county government about this parking issue. You can try requesting an ordinance like we did, though this required us to coordinate with a city representative and fire marshal. We also needed to put up signs that said “no parking” every few hundred feet or so. This created a different problem with aesthetic and yard maintenance but we eventually resolved those as well.

    In our case, since it is a city ordinance, our HOA can’t enforce the rule per se. The city enforces the restriction and issues the tickets. But if your HOA’s aim is to prevent congestion and abandoned vehicles, then requesting help from the city should be able to take care of that.

    Sure hope this helps with your situation.

    #368991
    ginnie34
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    Thank you for the advice, everyone.

    Just FYI, I’m not on the Board of Directors or anything. I’m actually against this rule (and so are a few other homeowners) since we have small lots in our community and have little to no parking space.

    #368992
    iambatman
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    Hi Ginnie,

    If you dislike the rule, I would recommend talking to a real estate attorney with HOA experience to see if the rule is even enforceable in your HOA. Perhaps you, along with other homeowners who are against it, could also take this issue to the board so they can reconsider the rule and amend your documents.

    Hope this helps. Good luck!

    #368993
    curtis99
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    If were talking about public streets here, then theres a good chance that the city already has parking restrictions in place. Why is your HOA trying to control everything?? It sure sounds unnecessary to me.

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