Parking Enforcement by Homeowners' Associations
Overview
One of the hot button issues faced by homeowners' associations, condominium associations, and their members is what types of rules and regulations can apply to park within a community. While parking regulations can help to assure that owners have reasonable parking options available to them, they can also be so restrictive that it is challenging to have guests visit.
In some cases, associations that have exerted too much power in this area have begun issuing hefty fines for parking violations, which become further bones of contention within members of the community.
It is important to note that there are significant differences in how associations can restrict street parking, so it is essential to know the law of the state in which the association is located.
Also, the HOA may enact separate rules and regulations as part of its regular rulemaking process. Therefore, it is critical to understand what parking restrictions are included in the community's CC&Rs and rules so that compliance and enforcement efforts are appropriate. Importantly, HOAs must be reasonable and consistent in the enforcement of parking regulations within the community.
Typical HOA Parking Rules
Most homeowners’ associations have the following basic parking rules:
Prohibited Vehicles
The majority of associations have rules about specific types of vehicles that are not permitted to be parked within the community. These vehicles may include commercial vehicles (any vehicle with signage), RVs, junk vehicles, trailers, campers, boats, and similar recreational vehicles. Associations set these rules to protect property values and preserve the aesthetic beauty of the community.
Associations can only restrict these types of vehicles if authorized in the CC&Rs. Therefore, homeowners looking to determine if an association has the authority to prohibit the parking or maintenance of a recreational vehicle, they must review the language of the CC&Rs for that particular association.
PARKING LOCATIONS
Generally, associations have rules about where owners can park within the community. Depending on the type of community, this could be in the owner's driveway. In apartment-style communities, there may be assigned parking spots for owners and perhaps visitors as well.
This type of regulation varies greatly depending on the type of community. Some associations may also prohibit members from parking in front of another member's home. Enforcement of this type of restriction can vary depending on whether the HOA community includes public and private streets within the property.
ABANDONED VEHICLES
Most HOA communities prohibit owners from parking in a particular spot for longer than a specified amount of time, which could be 24 hours or something similar. Often the basis for this is to ensure that HOA members are not parking abandoned vehicles on the property for an extended period.
The "abandoned vehicles" parking restriction can also apply to boats, trailers, RVs, campers, and the like. Thus, if a recreational or broken down vehicle is parked visibly to neighboring properties for prolonged periods, one can expect a notice of violation from the association.
Limits of Authority: Public vs. Private Streets
In general, parking restrictions contained in the CC&Rs, which are filed in the real estate records and run with the land, are legally enforceable on private streets. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law.
For example, in 2013, the state of Arizona passed a law that prohibits HOAs formed after 2014 from adopting rules that regulate public streets within the neighborhood. This action was the result of many years of complaints that were made to Arizona lawmakers by frustrated homeowners.
The idea behind parking regulations and similar rules is to protect neighborhoods while still balancing that need to ensure that homeowners will have reasonable usage of their property. This is not always an easy balancing act, and it will be interesting to see how other states follow Arizona's example concerning the regulation of parking by HOAs.
Enforcing Parking Restrictions
A common question that arises concerning HOA parking rules and regulations is whether an association can tow vehicles, issue parking tickets, and speeding tickets.
To some extent, these issues depend on whether the alleged violation occurred on a public or private street within the HOA community. It is difficult, if not impossible, for an association to issue citations like speeding tickets on a public roadway due to a lack of legal authority.
Speeding Limits
Associations generally have the authority to post and enforce speed limits on private roads if authorized by the CC&Rs. A recorded restriction on speed limits that serves a substantial interest of the community will likely be enforced—particularly if the street in question is part of the association's common elements. However, a restriction that conflicts with local ordinances is probably not enforceable.
The state's law enforcement is responsible for enforcing public road speed limits established under state laws.
Towing of Vehicles
It is possible for HOA's to tow vehicles if they are improperly parked. While there are state law variations in this area, most states permit HOA's to tow vehicles that are improperly parked if the HOA has provided prior written notice to the HOA member of the parking restrictions. The tow is typically authorized and reported to local traffic law enforcement.
It is wise for the HOA to carefully consider when towing is truly appropriate though because this often leads to more significant disputes among homeowners. There may be a more effective and efficient way to resolve such a dispute that falls short of towing.
Suspending Community Privileges
Depending on applicable state law and the association's CC&Rs, some HOA's may have a process to suspend an owner's rights to park or use other amenities within the community if they fail to follow the parking regulations.
This drastic measure must be achieved by following a detailed process which may include notice of violations and an opportunity to a hearing. This type of enforcement is typically only used when there is a habitual or continual violation previously addressed through other means.
HOAs Must Comply with Federal Law
Under the Americans with Disabilities Act as well as HUD regulations, homeowners' associations can be required to provide reasonable accommodations to their policies and procedures and potentially some modifications to common use areas.
It is important for HOA's and their members to understand that there can be circumstances where the general HOA rules and policies apply, that modifications may be necessary in order to provide accommodations for residents or potential members of the public as the case might be.
Resolving HOA Parking Violations
The first step an HOA member should take when dealing with speeding tickets, violation notices, or fines is to review the CC&Rs. This step will help members determine if (1) the association has the authority to regulate and enforce a restriction, and (2) there is a process a member must follow if an appeal is necessary.
The worst thing an HOA member can do is ignore the violation notice. Sometimes an in-person discussion between the affected homeowner and a board member is the best place to start. After that, a formal appeal process may ensue to attempt to resolve the issue.
