[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

[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.

[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.

[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.

[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.

[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.

[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.

[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!

[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.

[serena_28]

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I have somewhat the same problem… We’re a gated community and there are speeding limits on our private roads. That’s fine and dandy but now the board has up and decided to issue speeding tickets which come with monetary fines. Does that sound right to you?

[iambatman]

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Hi Serena,

Local law enforcement officers are the only ones who can issue speeding tickets. Even if your board calls them that, they probably won’t hold up as such in the eyes of the law.

That being said, I believe there is nothing wrong with what your board is doing. A speed limit is a rule — one that residents must follow. If you break that rule, you get slapped with a violation and a fine. The so-called “speeding ticket” might be your board’s way of notifying you of that violation. So long as you are given the chance to attend a disciplinary hearing, I see no harm in what your board is doing.

Hope this helps you out.

[Author]

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