How to solve common homeowners association parking issues
HOA Parking Rules: How to solve common homeowners association parking issues
Homeowners associations frequently dispute the HOA parking rules and regulations. Understanding what regulations the HOA can and cannot enforce, however, is essential to finding solutions to parking-related problems.
Establishing and enforcing HOA parking rules and regulations
In order to maintain peace in the community, residents of HOAs are required to follow a number of regulations. However, one of the most contentious HOA laws frequently has to do with parking. It is easy to understand why given that there are around 273.6 million registered motor vehicles in the US.
The first thing your board must do when enforcing homeowners association parking regulations is consulting your governing documents. What your HOA parking regulations are should be spelled out in black and white in your CC&Rs. Your rules should be clear and unambiguous, with no opportunity for misunderstanding. When drafting your parking regulations, be sure to use precise wording so that residents are aware of what to expect.
It might be challenging to balance HOA parking while keeping residents happy. However, since the HOA was established to manage the neighborhood, you must make it clear to every member that these regulations are for the association’s benefit.
Common HOA Parking Rules
What standard parking regulations may a homeowners’ association have? Norms might differ from one group to another. However, HOAs often enforce restrictions regarding what kinds of cars can and can’t be parked inside the neighborhood, as well as where vehicles may park, how long they can remain there, and for how long they can park there.
- Vehicle Restriction The majority of HOAs have particular regulations regarding the kinds of vehicles that may or may not be parked within the neighborhood. Most localities have restrictions on certain types of vehicles, including RVs, trailers, boats, and junk cars. This is carried out to uphold the property’s value and the visual attractiveness of the neighborhood.
- Parking locations Most organizations have policies about owner-occupied parking spaces. These regulations are frequently established by the community’s CC&Rs and frequently change from community to community. Typically, homeowners must park in their garage or driveway. Each homeowner is entitled to a specific number of parking spaces. Most residences have a limit of two parking spaces.
- Parking duration The last of the most typical types of parking regulations concerns how long residents may leave their vehicles in a certain location before they are forcibly removed. If the HOA has a common parking space, for instance, the board could let cars park there for a limit of 24 hours. The HOA may take action if the owner goes beyond that limit. Associations take this action to prevent an accumulation of abandoned automobiles in the neighborhood.
In other instances, organizations could restrict parking to homeowners and to certain times and locations. For instance, only between the hours of 8 a.m. and 8 p.m. may homeowners park in the clubhouse parking lot.
Frequently asked questions regarding HOA parking restrictions and regulations
Can the HOA limit parking on public streets?
The HOA may prohibit parking on the street. Whether the street is public or private will determine this. Associations typically lack control over public streets. Therefore, unless state laws specifically prohibit it, they are unable to specify whether or not members may park there. When a crime takes place on a public roadway, law enforcement is in charge. In contrast, HOAs are free to control parking on community-owned private streets.
What determines whether a roadway is public or private? A street is considered public if it is open to use by non-HOA members or the general public. The government is in charge of maintaining public streets. Private streets, on the other hand, are exclusively accessible to HOA members and are maintained by the HOA.
Could an HOA restrict how many vehicles you can park?
Although homeowners associations have no say over how many cars a homeowner owns, they do have a say over how many cars are parked in the neighborhood. Most individuals are only allowed to own two automobiles; thus, they must find parking space somewhere for their other vehicles.
Is the HOA permitted to require you to park in your garage?
Although it may seem unjust, the HOA has the right to require you to keep your car in your garage. Associations typically take this action in regard to automobiles that don’t adhere to their standards or are forbidden in the neighborhood. It’s important to maintain the beauty and make the neighborhood aesthetically pleasing.
How can an HOA better enforce vehicle regulations?
Enforce towing of vehicles
Most board members have the authority to tow vehicles that break community regulations; however, this varies from community to community.
Your board should start by notifying the homeowner through a violation notice that they may be towed if they fail to cooperate within 96 hours. Additionally, you must tell the local traffic police within an hour after authorization and provide the towing operator with documented authorization.
Revoking community amenity privileges
Some HOA boards may be able to temporarily revoke an owner’s rights to parking or utilizing community amenities, depending on state laws and the association’s CC&Rs. However, this kind of enforcement is only applied to persistent offenders.
Enforcing community speed limits
Generally, homeowners associations have the authority to set speed restrictions inside the community, as long as they only apply to private streets and are permitted under your CC&Rs. However, be sure that the posted speed restriction does not clash with any local laws. If so, you are unable to enforce it.
How to fix common HOA parking concerns
Parking issues arise in any organization. The key is to develop a plan and process for dealing with them. The following are HOA parking solutions for some of the most typical parking problems:
Limited resident parking If there is insufficient space for residents to park, you can turn some visitor parking spaces into resident parking. This is assuming that you reside in a neighborhood where the HOA controls the common spaces.
Residents occupying guest spaces. All residents must be informed if this is not permitted in their neighborhood, and signs indicating this must be posted. Imposing penalties and revoking rights is a successful strategy for reducing this kind of activity. If the issue is severe enough, you may even need to enforce towing.
Limited guest parking If you reside in a planned community, you have the right to charge visitors who wish to park in guest spaces a parking fee. As an alternative, you might mandate that visitors get HOA parking permits. You’ll be able to stop arguments among owners by doing this. To find out if you have this authority, be careful to review your governing papers.
Insufficient parking for the handicapped. You must make accommodations for residents with disabilities in accordance with the Fair Housing Act and the Americans with Disabilities Act. Make sure there is accessible parking for those with disabilities. If that isn’t practicable, try to redesign the area to make it more accessible for residents with disabilities.
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