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Subject: Parking on Public Roads
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Author Messages
WilliamA8
(Florida)

Posts:2


02/07/2020 2:15 AM  
In a non-gated community, can the association develop its own rules for public street parking?
TimB4
(Virginia)

Posts:16657


02/07/2020 3:22 AM  
You can not adopt a rule addressing parking on public roads.

You can amend the covenants to address parking on public roads but it would only apply to members.
Joe and Jane public can still utilize the road as they local laws allow.

Please note: any parking restrictions need to be realistic in order to enforce.
For example: Don't say no overnight parking.
Instead, say no parking between the hours of


Additionally, you will need to be able to identify what vehicles belong to members in order to enforce said parking restrictions.
DouglasK1
(Florida)

Posts:1479


02/07/2020 5:39 AM  
Posted By WilliamA8 on 02/07/2020 2:15 AM
In a non-gated community, can the association develop its own rules for public street parking?


I don't think the determining factor would be a gate, it would be who owns the roads.

Escaped former treasurer and director of a self managed association.
GeorgeS21
(Florida)

Posts:2032


02/07/2020 6:00 AM  
It’s usually as simple as who owns/maintains the roads.
JohnC46
(South Carolina)

Posts:9121


02/07/2020 10:00 AM  
If the Covenants have street parking restrictions then anyone that agreed to the Covenants is agree to the parking restrictions even when the streets(s) are public. Now for one not a member of the association, municipality parking restrictions apply.

I, the homeowner, might not be able to park on the street overnight but a guest of mine could.
DeidreB
(Virginia)

Posts:31


02/07/2020 10:26 AM  
If the streets are owned by the state, county or city then a board "can" adopt rules that pertain to homeowners and authorized guests if public street parking is addressed in CCRs. The question is "should" the board do so.

From personal experience I can tell you that enforcement is a challenge and your HOA's retained HOA attorney may let you know that the case law may not be 100% in favor of this practice in your state. Our HOA attorney was straight with us -- yup you can do it but you may want to think about it (we did not and ultimately accepted parking as a challenge).

To reiterate: I would not recommend a Board pursue public street parking rules if public street parking is not somehow addressed in CCRs.
AugustinD


Posts:2574


02/07/2020 10:46 AM  
Posted By DeidreB on 02/07/2020 10:26 AM
From personal experience I can tell you that enforcement is a challenge and your HOA's retained HOA attorney may let you know that the case law may not be 100% in favor of this practice in your state.
I appreciate the careful wording by DeidreB above. My own opinion is that it is more likely than not that state courts would uphold the HOA's right to regulate parking on public roads. The following is what I gleaned from looking for case law.

In 2013 a hoatalk member cited this case: Maryland Estates Homeowners' Ass'n v. Puckett, Missouri Court of Appeals, 1996, https://www.leagle.com/decision/19961154936sw2d21811114.xml. At the latter site, one may click "Citing Case" for other appeals court decisions citing the Missouri decision. I feel only one other state had a decision relevant to the discussion here. See Verna v. Links at Valleybrook Neighborhood Ass'n, Inc., New Jersey appeals court, 2004, https://www.leagle.com/decision/20041054852a2d20211037. Here's an excerpt of what I think is the thrust of the New Jersey' appeals court's decision:

"[The Court] view[s] the association's parking regulation as being similar to a neighborhood scheme created by deed restrictions. Such a neighborhood scheme, like the mutual undertakings contained in the association's governing documents, is a matter of contract, Weinstein v. Swartz, 3 N.J. 80, 86, 68 A.2d 865 (1949), which may, and often does, impose greater limits on an owner's use of property than governmental restrictions, Palisades Prop., Inc. v. Brunetti, 44 N.J. 117, 134, 207 A.2d 522 (1965). While restrictive covenants cannot lessen or avoid the obligations imposed by ordinance, Pullen v. So. Plainfield Planning Bd., 291 N.J.Super. 303, 311 n. 6, 677 A.2d 278 (Law Div.1995), they can restrict the use of property otherwise uninhibited by ordinance, Brunetti, supra, 44 N.J. at 134, 207 A.2d 522; Scillia v. Szalai, 142 N.J. Eq. 92, 98, 59 A.2d 435 (Ch.1948). This analogy further suggests the parking regulation's validity since, like an enforceable neighborhood scheme, the parking regulation possesses the qualities of universality, reciprocity and reasonableness. Olson v. Jantausch, 44 N.J.Super. 380, 386, 130 A.2d 650 (App.Div.1957)."

If other states had disputes about the HOA regulating parking on public roads, how likely is it that these other states' courts would find as Missouri and New Jersey did? The New Jersey court decision lists what look to me like pretty general rules (derived from other court decisions) that I think are likely replicated in all states. I think it's pretty likely that other states' courts would come to the same conclusion as the New Jersey appeals court.
AugustinD


Posts:2574


02/07/2020 11:07 AM  
Posted By WilliamA8 on 02/07/2020 2:15 AM
In a non-gated community, can the association develop its own rules for public street parking?
Based on my post above and also commentary at some other HOA sites, a HOA can do so only if the covenants speak to such regulation of its public roads.
MarkW18
(Florida)

Posts:476


02/07/2020 11:09 AM  
I believe some of these court decisions are BS. Unless the HOA maintains these roads completely, they should have NO rights as to how the streets are used by members or the general public.
AugustinD


Posts:2574


02/07/2020 11:25 AM  
Per CC&Rs nationwide, all or nearly all HOAs do not maintain a significant amount of the lot or condo that a HOA members owns. Instead, the covenants require the HOA member to maintain this property, and in accordance with specific standards the CC&Rs list. If a HOA can regulate a member's land (or a member's condo's interior), why can't its CC&Rs regulate road use where the roads are maintained by the county or city, to the extent of HOA members' use of these roads, and so as not to lessen what the county or municipal ordinances say?

From where I am sitting, one analogy is a city that allows fences 10 feet high, while a HOA within the city limits has CC&Rs allowing fences only 6 feet high. Who wins? Case law says the HOA.

The 'net has a lot of HOA general discussion sites that speak to this. What I am seeing is, first, what JohnC46 said, and second, if the CC&Rs are silent about parking on the public roads, then the HOA may not simply create rules.
JohnC46
(South Carolina)

Posts:9121


02/07/2020 2:19 PM  
Posted By MarkW18 on 02/07/2020 11:09 AM
I believe some of these court decisions are BS. Unless the HOA maintains these roads completely, they should have NO rights as to how the streets are used by members or the general public.




Like it or not if restrictions are in the Covenants then one agreed to abide by them, including you.
TimB4
(Virginia)

Posts:16657


02/09/2020 11:37 AM  
Posted By MarkW18 on 02/07/2020 11:09 AM
I believe some of these court decisions are BS. Unless the HOA maintains these roads completely, they should have NO rights as to how the streets are used by members or the general public.




I understand the thought. However, it has been proven that Associations can have such restrictions if they are contained within the covenants.

In Arizona, a law was drawn up (don't know if it was adopted or not) to prevent Associations from having this ability.
AugustinD


Posts:2574


02/09/2020 1:26 PM  
Posted By TimB4 on 02/09/2020 11:37 AM
In Arizona, a law was drawn up (don't know if it was adopted or not) to prevent Associations from having this ability.
The proposed Arizona law you mentioned several years ago, and again above, did pass. However it applies only to HOAs, "for which the declaration is recorded after December 31, 2014." From Arizona's statutes:

"33-1818. Community authority over public roadways; applicability
A. Notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.
B. This section applies only to those planned communities for which the declaration is recorded after December 31, 2014."

This suggests to me that legislators were not wild about overriding earlier covenants. Maybe this was because applying part A. above to all HOAs would yield a potential legal battle based in constitutional property rights? It makes me think the rule nationwide is as John, you and I have indicated.
AugustinD


Posts:2574


02/09/2020 1:38 PM  
Posted By AugustinD on 02/09/2020 1:26 PM
It makes me think the rule nationwide is as John, you and I have indicated.
DeidreB appears to know the rule well, too. Though what her HOA's attorney alleges, about this rule maybe not holding for all states, is not persuasive to me. I am betting other states would rule the same way the New Jersey and Missouri courts did.
DavidJ17
(Florida)

Posts:47


02/09/2020 4:14 PM  
Our Condo requested from the City to have NO PARKING installed on the public street it is located on. Since our Condo has cul-de-sacs, they hired a towing company to tow cars from the cul-de-sacs. One day the towing company towed my room mates car from the public street. Which is not allowed. My room mate paid to get her car back. But in the end, the HOA refunded her money back, because only the City can have cars towed from that public street. The Condo cannot. But it does make one think, that even know it was a public street, it was the Condo that requested the NO PARKING signs.
BenA2
(Texas)

Posts:560


02/09/2020 8:55 PM  
This is going to depend on your state. Clearly, if your CC&Rs don't give you the authority to regulate public street parking, you would not be able to do it.

My guess is that, with such a contentious subject, every state has case law determining whether or not you can control parking on public streets.
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