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BobN2
(Florida)
Posts:3
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| 03/11/2010 8:00 PM |
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In a Florida HOA within a gated community we do not have anything in our doc saying you cannot park on the streets
Now the question cars that are parking on the streets that are leaking oil and causing damage how can we as a board stop them from parking on the street. Beside making the home owner pay to have the street fix can we tow the auto, not for parking but for the damages the car is causing.
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TimB4
(Virginia)
Posts:3229
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| 03/11/2010 11:11 PM |
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Bob,
You need to check your State and/or County towing regulations. Some require notices, signs, etc.
Tim |
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RobertR1
(South Carolina)
Posts:5164
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| 03/12/2010 12:28 AM |
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BobN2,
Well, who owns the roads? Who enforces restrictions on the road such as speed or reckless driver, etc?
Does your documents say there is street parking and is there any enforcement in that section? Are you in the city limits? Who pays for signage?
You say you are gated, so in all probability you own the roads. Could you be an HOA within an Hoa and the Master HOA owns and maintains the roads.
But let's say your HOA owns, maintains and pay taxes on the land, which just about has to be common property under your HOA. Say, there is nothing that addresses parking in the streets in your documents. If damage is being done to the road from identifiable cars, then the Board is OBLIGATED to protect the common property and stop the practice. If they can prove a certain individual is responsible they must collect damages from this person.
But, in fairness to all, the enforcement should be noticed by the Board and all the members should receive notice. The board will decide how this is accomplished. There will be some that will say, walk out tomorrow and start fining the guilty parties, the Board has the authority, and I think they do also, but it is an old problem, the Board allowed it, and the Board don't need to make any more enemies.
The Board should also start the process of developing a "Parking Policy" for the common property if that is what we are talking about. |
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DonnaS
(Tennessee)
Posts:5671
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| 03/12/2010 5:31 AM |
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Bob,
Benn there, done this. If your HOA is responsible for street repair, maintenance and enforcement, they may tow cars if---#1, your documents forbid street parking and #2, the streets are posted with Tow signs and it is spelled out in plain view. Florida law reads something like this--Towing can be enforced only from private property so the interpretation will be if the gated roads are considered "private property". |
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MaryA1
Posts:0
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| 03/12/2010 7:04 AM |
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Bob,
A gated community most likely has private streets and towing can only take place from private property; therefore your assn MAY have the authority to tow vehicles. However, IMO, your docs should state whether or not towing is allowed. If it is then you must research state law regarding towing to make certain it is carried out in the proper manner. If your docs do not prohibit street parking then the BOD cannot just arbitrarily make a rule banning it as that would be a contradiction of the gov docs. The best you may be able to do is send a violation notice for the oil stains and a requirement to clean them up. |
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