HOA Reg violations

Started by JaimeD1 • 2 replies • 1556 views

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JaimeD1 (Minnesota)
Posts: 1

Posted:

Hi, I have a question about HOA rules and regs.
If an association member violates an established HOA rule (say parks so as
to partially obstruct a turnaround or driveway) and another association
member sustains damage to their vehicle in trying to avoid or work around
the obstructing vehicle..how is that handled? Privately or via HOA
insurance? Thanks!

JAIME

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jaime,

The accident would be handled privately between the two drivers and their respective ins co's. However, if one vehicle was parked in violation of the HOA's covenants, then that is an issue for the BOD to address. Mostly an HOA's parking restrictions prohibit parking on the street and sometimes in the driveway. I've never heard of obstructing a turnaround and blocking a driveway as part of an HOA's parking restrictions. Is that defined in yours?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Should be handled with your private car insurance. The HOA insurance will deny the claim. The person who hit the parked car will likely be liable. Just because the other car was parked in the wrong spot doesn't give the other person the right to hit it.

Example: If I was at a mall and parked behind you blocking you in, you cant just hit my car. You can tow it, call police, ask me to move it, etc, but not damage it.

If the HOA wants to fine the person for a parking violation, its a separate matter. Nothing to do with the accident.

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