Rules and regulations are crucial for every Home Owners Association (HOA) to keep the neighborhood in order. Therefore, every HOA community has a board that enforces these rules and takes action against the violators. Parking rules are known to be the biggest bone of contention among homeowners and their board, seeing that most homeowners own cars, some even multiple cars.
Conflicts often arise regarding parking spaces, now that there might not be enough space to park all cars. Every community, therefore, has its Covenant, Conditions, and Restrictions (CC&Rs) that, as a board member, you are obliged to refer to before enforcing HOA parking rules on homeowners. Your rules should be clear and explicit to avoid possible misinterpretation.
This article will look into popular HOA parking rules, frequently asked questions (FAQs) about HOA parking rules, and how HOA parking rules can be enforced.
Most homeowners' associations mostly enforce the following rules.
Most HOAs have specific rules about the type of vehicles that can or cannot be parked within the community. Vehicles like RVs, Trailers, Boats, and junk vehicles are restricted in most communities. This is done to preserve the community's aesthetic appeal and maintain the value of the property.
There are rules in most associations regarding owner's parking spaces. These rules are often dictated by the community's CC&Rs and often vary from a community to another. Generally, homeowners are required to park in their driveway or garage. In Condo Associations, there are stipulated parking spaces for each homeowner. Most are restricted to two parking slots per condo.
Most HOA communities have a stipulated time in which an owner can park their car in a spot. It could be 12 hours to a maximum of 24 hours. This is often done to discourage parking abandoned cars for long durations of time. The owners of cars found to be in a parking area for an extended period are served with a notice of violation, and the car might be towed if they do not respond appropriately.
Below are some of the frequently asked questions by homeowners. Most of them often ask questions about what rules home association board members can and cannot enforce in their community.
It depends on whether the streets are public or private. Associations cannot dictate the use of public streets, but yes, they have jurisdiction over private streets. Private streets are only open for members' use, and the HOA board can dictate what is parked on such streets and for what duration of time.
Much as the homeowners Association has no say on the number of cars homeowners can own, they can dictate the number of cars one can park in the community. Most people are restricted to two cars and are forced to source parking space for their extra cars elsewhere.
Yes. HOAs are after the community's aesthetics, and if a home owner's car is outdated or in bad shape, they can be forced to park it in the garage.
As an HOA board member, below are tips to get the homeowners to adhere to parking rules.
Though it varies from one community to another, most board members have a right to tow cars that violate community rules.
Your board should begin by sending a violation notice to the homeowner to inform them of possible towing if they do not collaborate within 96 hours. You should also provide written authorization to the towing operator and inform local traffic law enforcement within an hour of authorization.
Your board has a legal right to enforce a speed limit to all homeowners to avoid possible overspeeding accidents in the community.
Depending on the state laws and associations CC&Rs, some HOA boards may have the power to take away owner's rights regarding parking or using community amenities for some time. This type of enforcement is, however, only used on habitual violators.
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