Parking is one of the most frequent concerns in HOA-managed neighborhoods. For this reason, it’s important for associations to include detailed parking policies in their governing documents, such as the CC&Rs. These rules should be clearly defined to ensure homeowners fully understand the policy without room for ambiguity or misinterpretation.
When creating parking guidelines, HOAs should consider addressing key areas, including:
- Types of vehicles permitted (e.g., personal, commercial, recreational).
- Types of vehicles prohibited (e.g., non-operational, oversized RVs).
- Approved parking locations for homeowners.
- The maximum amount of time vehicles can remain parked in one spot.
- Time restrictions for parking in designated areas.
Addressing Overnight Parking
One particularly sensitive topic is overnight parking, as the definition of “overnight” can vary. Some residents might consider it to be from dusk to dawn, while others may define it more specifically, such as between 10 p.m. and 5 a.m. A well-defined HOA policy, such as “No street parking is allowed between 10:00 p.m. and 5:00 a.m.,” can remove any homeowner confusion by providing clear-cut hours.
Additionally, tracking how long a vehicle has been parked can present challenges without consistent monitoring. Explicit language in the CC&Rs clarifying what constitutes overnight parking will help minimize disputes and ensure all residents understand the rules.
Clarity Is Key
In addition to defining prohibited parking areas, the rules should also inform residents where they can park. For instance, if street parking is off-limits, the rules should direct residents to appropriate overflow or guest parking areas.
If guest parking is an option, the CC&Rs should outline how residents can obtain parking passes or register visitor vehicles with the HOA. Clear steps will help prevent misunderstandings and allow for smooth enforcement of parking regulations.
HOA Jurisdiction Over Parking
HOAs have the authority to regulate parking on private roads within the community. These roads, commonly found in gated communities, are owned and maintained by the association and are not accessible to the public. On private streets, HOAs can limit the number of vehicles per residence, restrict commercial or recreational vehicles, and control street parking. However, HOAs typically cannot enforce parking rules on public streets, as these roads are managed by local government authorities.
Fair Enforcement of Parking Policies
To maintain a balanced community, HOAs must implement parking rules that are both reasonable and fair. All restrictions should be uniformly applied to avoid favoritism or inconsistency. Importantly, HOAs do possess the power to tow vehicles violating parking rules, but they must follow specific steps to do so legally:
- Homeowners must receive advance notice of parking violations, either through posted signs or written citations. In most cases, this notice must be given at least 96 hours before towing.
- The towing company must receive written authorization from the HOA, confirming the vehicle is being towed by a person with the authority to request it.
- Once the tow is completed, the HOA must report the action to both the vehicle owner and the local law enforcement agency, typically within one hour of the tow.
Effective Communication Reduces Conflict
By having open communication and setting clearly defined parking rules, this can significantly reduce confusion and disagreements among residents. Consistent enforcement is key to maintaining peace and ensuring everyone knows what is expected.
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