Resolving Common HOA Parking Issues and Rules Enforcement
HOA parking rules are a common point of contention in homeowners associations. The key to resolving issues related to parking, though, lies in understanding what rules the HOA can and can't enforce.
Creating and Enforcing HOA Parking Rules
Living in an HOA community means abiding by the many rules and restrictions to keep the neighborhood in order. One of the most disputed rules in any given HOA, though, often relates to parking.
When enforcing homeowners association parking rules, your board must first refer to your governing documents. Your CC&Rs should dictate in black and white what your HOA parking policies are. Your policies should be direct and explicit, leaving no room for misinterpretations. Use specific language when crafting your parking rules, so homeowners know what to expect.
It's often challenging to balance HOA parking restrictions and keep homeowners happy simultaneously. But, since the HOA exists to maintain the community, you must make it apparent to all members that these rules are for the association's good.
Sample HOA Parking Rules
What are the standard parking rules a homeowners association might have? Laws can vary from community to community. However, HOAs generally enforce parking rules concerning the type of vehicles inside the community, the location of the parked cars, how long vehicles can be there, and the specific period vehicles can be in a given spot.
1. Prohibit Certain Vehicle Types
Many associations restrict the type of vehicles homeowners can park inside the community. Usually, HOAs don't allow trailers, RVs, boats, campers, and cars with commercial signs. Associations do this to maintain the community's aesthetic appeal and keep property values high.
2. Regulating the Parking Location
Many associations have rules about where homeowners are permitted to park. Generally, homeowners can park their vehicles in their driveway, but there may also be a designated area for this. For instance, unit owners may have specific spots in a shared parking lot in condo associations.
3. Regulating the Period or Length of Time
The last of the most common parking rules is how long homeowners can park their cars in a specific spot before getting towed. For example, if the HOA has a common parking area, the board might allow vehicles to park for 24 hours. If the owner goes beyond that, the HOA can take action. Associations do this so that the community doesn't accumulate abandoned vehicles.
In other cases, associations may only allow homeowners to park in a specified area within the allowed timeframes. For instance, homeowners may only park in the clubhouse parking lot between 8 a.m. to 8 p.m.
HOA PARKING REGULATION FAQs
1. Can the HOA Restrict Parking on Public Streets?
It depends on whether the street is public or private. In most cases, associations have no authority over public roadways. Therefore, they can't say whether or not members can park there unless state laws say otherwise. If a violation occurs on a public street, law enforcement has jurisdiction. In contrast, HOAs are free to regulate parking on private roads within the community.
How do you know if a street is public or private? If the general public, i.e., non-members of the HOA, can use the road, then it's a public street. Also, the government maintains public streets, and the HOA maintains private streets.
2. Can the HOA Force You to Park in Your Garage?
It might seem unfair, but the HOA can make you park your vehicle in your garage. Associations usually do this for cars that don't meet their standards or are prohibited within the community. It's a matter of preserving aesthetics and keeping the community appealing to the eyes.
3. Can the HOA Restrict Parking in the Driveway?
Yes, some associations can restrict the type of vehicle homeowners can park in their driveway or on the street in front of their house. HOA driveway parking rules exist to maintain the appeal of the neighborhood. Again, it all boils down to aesthetics.
4. Can the HOA Impose Speed Limits?
In general, homeowners associations can impose speed limits within the community, provided that it only applies to private streets and your CC&Rs give you the power to do so. Make sure the speed limit doesn't conflict with local ordinances, however. If it does, then you can't enforce it.
5. Can the HOA Limit the Number of Cars?
While associations typically can't limit the number of cars you can own, they can limit the number of vehicles you can park in your driveway or common areas. Condos and apartments usually limit it to one parking slot per owner. Therefore, if you have many cars, you need to (legally) find somewhere else to park them.
HOA Parking Enforcement: How to Make Owners Comply
Just as complex as it is coming up with HOA parking rules, it isn't easy to enforce them. Violations do happen, and they can occur with parking as well. But, can your HOA issue tickets and tow vehicles?
1. Temporary Revoking Privileges
While not all HOA boards have this authority, some can temporarily revoke owner privileges after committing a violation. The process can change depending on the association, but it usually involves sending an HOA parking violation notice and an option to have a hearing. Given the severity of this type of punishment, though, it's usually reserved for repeat offenders. Check your CC&Rs to verify whether you can suspend owner privileges.
2. Towing Vehicles
Is the HOA allowed to tow vehicles that violate parking restrictions? Can HOA tow your car without warning? These are common questions homeowners ask when it comes to towing. It depends on the laws in your state. Generally, though, associations can tow vehicles that violate parking restrictions.
The board should send a notice to the offending homeowner informing them of the violation at least 96 hours before towing the vehicle. Then, provide written authorization to let the towing operator know that your HOA has the power to request the tow. After that, you should inform the tow owner within one hour of authorization. You should also report the towing to your local traffic law enforcement agency within the same timeframe.
Although the HOA can tow vehicles, it should be their last option. More often than not, taking this route will result in a more complicated and heated argument between the owner and your board.
Common HOA Parking Issues and How to Resolve Them
Every association encounters problems with parking. The trick is to learn how to deal with them. Here are HOA parking solutions to some of the most common parking issues:
Insufficient Parking for Residents. If you don't have enough parking for residents, you can convert some guest parking spaces to resident parking, provided you live in a community where the HOA owns the common areas.
Residents Parking in Guest Spots. If this isn't allowed in your community, you must inform all homeowners and post signs reflecting that. An excellent way to curb this prohibited behavior is to levy fines and suspend privileges. You can even resort to towing if the problem remains rampant.
Scarce Parking for Guests. If you live in a planned community, you can charge a parking fee to guests who want to park in guest spaces. Alternatively, you can also require guests to obtain HOA parking permits which will allow you to prevent fights from breaking out between owners. Make sure to check your governing documents, though, to see if you have this power.
Inadequate Handicapped Parking. Federal laws like the Fair Housing Act and the Americans With Disabilities Act require you to accommodate disabled residents. Make sure to have proper handicapped parking available. If that's not possible, try to rework the space to make it more accessible to disabled residents.
Contact Condominium Associates
Can HOA restrict parking? The short answer is yes. Provided the CC&Rs outline the HOA's authority to do so, an association can impose HOA parking rules. When crafting and enforcing these rules, make sure they comply with federal, state, and local laws. Your governing documents should also give the HOA the authority to impose them. Call Condominium Associates today for more information!