Resolving Common HOA Parking Issues
Homeowners associations frequently argue about the HOA parking regulations. Understanding what regulations the HOA can and cannot enforce is the key to resolving parking-related issues.
Hoa Parking Rules Development And Enforcement
Living in an HOA community entails adhering to the numerous rules and restrictions in place to keep the neighborhood in order. However, one of the most contentious rules in any given HOA is often related to parking. It’s easy to see why, given that the United States has approximately 273.6 million registered motor vehicles.
Your board must first consult your governing documents when enforcing homeowners association parking regulations. Your HOA parking policies should be clear in your CC&Rs. There should be no room for misunderstandings in your policies, which should be clear and concise. When writing your parking rules, use specific language so that homeowners know exactly what to expect.
Parking restrictions imposed by HOAs can be tricky to balance with maintaining homeowner satisfaction. However, because the HOA exists to keep the community together, you must make it clear to all members that these rules are for the benefit of the association.
HOA Parking Rules
What kind of parking regulations are typically enforced by homeowners associations?
The rules can differ from one community to the next. However, HOAs implement new rules regarding what types of vehicles aren’t able to be parked within the community. Which vehicles have permission to park, how long vehicles may be there, and what time periods vehicles may be parked in a given spot.
- Restrictions On Certain Vehicle Types Many homeowners’ associations place restrictions on the types of vehicles that can be parked within the community. HOAs typically do not permit trailers, RVs, boats, campers, or vehicles with commercial signs. Associations do this to keep the community’s aesthetic appeal and, as a result, property values high.
- Management Of Parking Lots There are also many associations that have rules about where homeowners can park. In most cases, homeowners can park their vehicles in their driveway, but there may be a designated area for this as well. For example, in condo associations, unit owners may have specific parking spaces in a common parking lot.
- Controlling The Time Or Length The final type of parking rule is one that governs how long homeowners can park their cars in a specific location before being towed. If the HOA has a common parking area, for example, the board may allow vehicles to park for a maximum of 24 hours. If the owner goes above and beyond, the HOA may take action. Associations do this to keep abandoned vehicles out of the community.
In other cases, associations may only permit homeowners to park in a specific area during specific times. For example, homeowners may only park in the clubhouse parking lot between the hours of 8 a.m. and 8 p.m.
Questions Asked Regarding HOA Parking Regulations
Can An HOA Limit Public Street Parking? The answer is dependent on whether the street is public or private. Associations rarely have authority over public streets. As a result, they can’t really say whether or not members can park there unless state laws prohibit it. Law enforcement has jurisdiction if a violation occurs on a public street. HOAs, on the other hand, have the authority to regulate parking on private streets within the community.
What determines whether a street is public or private?
If the general public, i.e. non-HOA members, can use the street, it is a public street. The government is in charge of maintaining public streets. Private streets, on the other hand, are maintained by the HOA and are only available to members.
Can Your HOA Command You To Park In Your Garage? It may appear unfair, but the HOA has the authority to require you to park your vehicle in your garage. This is typically done by associations for vehicles that do not meet their standards or are prohibited in the community. It is a matter of preserving aesthetics and keeping the community visually appealing.
Can The HOA Limit Driveway Parking? Yes, some associations have the authority to limit the type of vehicle that homeowners may park in their own driveway or on the street in front of their house. HOA driveway parking rules exist to keep the neighborhood looking nice. It all comes down to aesthetics once again.
Can The HOA Implement Speed Limits? In general, homeowners associations can impose speed limits within the community, as long as they only apply to private streets and your CC&Rs give you the authority to do so. However, make certain that the speed limit does not conflict with any local ordinances. If it does, you will be unable to enforce it.
Is It Possible For The HOA To Limit The Number Of Cars? While organizations cannot usually restrict the number of automobiles you can own, they can restrict the number of cars you can park in your driveway or in common areas. Condos and flats often allow just one parking space per owner. As a result, if you own a large number of vehicles, you must (legally) locate another location to park them.
Enforcing HOA Parking To Ensure Owners Comply Enforcing HOA parking restrictions is just as tough as creating them. Violations do occur, and they may also occur with parking. Can your HOA, however, issue citations and tow vehicles?
Privileges Are Temporarily Revoked While not all HOA boards have this authority, some do have the ability to temporarily withdraw owner privileges following a violation. The procedure varies based on the organization, but it normally entails mailing an HOA parking infraction notice along with the option of holding a hearing. However, due to the harshness of this sort of punishment, it is normally only for repeat offenders. Check your CC&Rs to see if you have the authority to suspend owner rights.
Tracking Vehicles Is it legal for the HOA to tow automobiles that violate parking restrictions? Can the HOA tow without notice? These are frequent inquiries from homeowners regarding towing. The answer is that it depends on your state’s legislation. In general, though, organizations have the authority to tow automobiles that violate parking regulations.
You should also notify your local traffic enforcement department about the towing within the same timeframe.
You can tow automobiles, but it should be your last resort. Taking this path will almost always end in a more convoluted and heated disagreement between the owner and your board.
How To Fix Parking Concerns in The Common HOA Every organization runs into parking issues. The key is to figure out how to cope with them.
Here are some HOA parking solutions for the most prevalent parking problems:
–There is insufficient parking for residents. You can convert some guest parking places to resident parking if you don’t have enough parking for residents. This is assuming you reside in a neighborhood where the common spaces are owned by the HOA.
–Residents park in visitor spaces. If this is not permitted in your neighborhood, you must notify all homeowners and display appropriate signage. Imposing penalties and suspending privileges is an effective strategy to discourage this sort of forbidden activity. If the situation persists, you may have to resort to towing.
–Guests have few parking options. If you reside in a planned community, you can charge guests who park in guest slots a parking fee. You might also require guests to get HOA parking permits. This will help you to keep conflicts amongst owners at bay. However, make careful to examine your governing papers to determine if you have this authority.
–Handicapped parking is insufficient. Certain federal laws, such as the Fair Housing Act and the Americans with Disabilities Act, compel you to provide reasonable accommodations to handicapped individuals. Make sure there is adequate disabled parking. If it isn’t possible, consider redesigning the area to make it more accessible to handicapped residents.
Can the HOA limit parking?
The quick answer is yes.
An association can implement HOA parking requirements if the CC&Rs explain the HOA’s jurisdiction to do so. However, while developing and implementing these regulations, ensure that they conform with federal, state, and local laws. Your governing papers should also empower the HOA to implement them.