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?
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.
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.
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.
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.
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.