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MissyW
(Georgia)
Posts:22
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| 08/20/2006 11:03 AM |
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| We have rencently taken out HOA from a management company. we are in Hall county, Georgia. Our streets are county not private. In out covenants it states. no vechicle shall be parked on any subdivision street. Is this enforceable? Who would I contact to find this out? if not what do we do? |
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HaroldS
(Arizona)
Posts:904
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| 08/20/2006 12:56 PM |
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We have city streets and the same restrictions on street parking as you have.
Our city attorney has a form letter he sends out to people questioning whether we can restrict parking on city streets, and the answer is YES. Since you are county, you might want to get an opinion from your county attorney. Generally if your local government does not regulate parking on your streets, your association can. Harold |
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JulieS
(Georgia)
Posts:412
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| 08/20/2006 2:53 PM |
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Missy,
I'm in Cherokee county, GA, and we do not have anything in our covenants that states we cannot park in the street but our attorney and management company has told us that since the streets are owned and maintained by the county, we cannot do anything about anyone parking in the street.
We have had people park in the street causing problems and we call the sheriffs department to handle this. There are rules about parking in curves, too close to stop signs and hydrants, etc. This is how we handle parking problems if we have them. |
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BradP
(Kansas)
Posts:1742
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| 08/20/2006 2:59 PM |
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Missy:
You need to check with your county. Our covenants say nothing about street parking, but we contact the city with problems.
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EdR
(Texas)
Posts:170
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| 08/20/2006 3:25 PM |
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This is just FYI, but thought I'd explain what was done in our HOA. Several years ago, when the streets became governed by the county, the HOA filed a petition (got 75% of assn. member's votes) and amended the Covenants with an amendment about parking on the street. This is filed with the court. Parking on the street is prohibited between 11p and 6a. It states that any assn. member can call and have a vehicle towed--not just the board. To my knowledge this hasn't been done, but there are a lot of homeowners who HATE abiding by this amendment. They have raised all kinds of he$$ and a resident attorney claims she has checked with the county attorney and it cannot be enforced. If, in fact, it cannot be enforced, then no CC&Rs can be enforced. The board has sent nice letters to offenders with a copy of the amendment first, and a more stern letter if it continues. The board did finally ask the patrolling officer to ticket vehicles parked facing the opposite direction, too near a stop sign, or too near a fire hydrant. This also incensed some homeowners--like they should get special privileges, and frankly, some of them do by the board. An officer told me that if a vehicle is parked headed in the wrong direction and gets hit, their insurance will not pay because of the illegal parking. I think it's worth having an amendment to CCRs because at least, it's available to homeowners and they know the rules-it can be published in the newsletter a few times. It is common sense that it isn't a good idea to park on the street. We have a subdivision with large driveways and large garages, so there is no excuse for street parking except for visitors. When we have had vandalism or theft--it's to the vehicles parked on the street. The vehicles are in the way of the school bus and children can dart between vehicles and not be seen until it's too late. I can't imagine why a homeowner would want their car on the street at any time, day or night.
EdR |
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WilliamH5
(North Carolina)
Posts:6
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| 09/09/2006 8:34 PM |
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Our streets are private and our Rules and Regulations specifically states that on-street parking is prohibited at any time other than temporary for guests. We also have protocol in place to warn, then fine repeat offenders. The fines are cumulative at $100/day and can be used to place a lein against their property.
The reason that we do this is that our streets are 30 ft. wide and on-street parking not only inhibits safe flow of traffic, it restricts movement of service vehicles (garbage, recycle, delivery trucks, etc.), and most importantly emergency vehicles (fire trucks, ambulances, etc.).
The answer is YES, but only if your Rules and Regulations officially filed states that on-street parking is prohibited and what the procedures are in handling violations.
Godd luck. |
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LorenzoP
Posts:0
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| 11/19/2006 10:00 PM |
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William,
Are you from California? IF not, do you know if what you entered above applies to California. The part about placing fines against parking violators into a lein against their property? Lorenzo |
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GlenL
(Ohio)
Posts:1458
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| 11/19/2006 10:18 PM |
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I'm not an attorney but under The Davis-Stirling Act I would say no.- Civil Code 1367.1 Notice of Lien; Priority of Payments; Payment Under Protest; Monetary Penalties
(e) Except as indicated in subdivision (d), a monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing instruments, except for the late payments, may not be characterized nor treated in the governing instruments as an assessment that may become a lien against the member's subdivision separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c.
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WilliamH5
(North Carolina)
Posts:6
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| 11/20/2006 8:42 PM |
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| No, I'm in NC, but do not know whether this applies to California or not. Our HOA retains the services of an attorney who advised us on this. The attorney sends offical letters to violators, files judgements and the sheriff's office will enforce the judgment by seizing property. |
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