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Subject: Street Parking (VA)
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MalakA
(Virginia)

Posts:10


04/24/2021 5:35 PM  
Hello,

Moving the discussion to a new thread, but pasting new posts that are relevant.
* From GlenM4

Posted By GlenM4 on 09/17/2018 12:35 PM
Hello, Our CCRs says this.

Vehicles. No automobiles which are inoperable or being stored shall be repeatedly parked, kept, repaired or maintained on the street or lawn of any lot.


now currently we allow parking on street cause there really is no way to enforce this. As inoperable is not defined nor is stored. Also i read it as only inoperable or stored vehicles shall not be repeatedly parked, kept, or repaired or maintained on the streets.. What about operable vehicles? is this saying they can be?


public street not gated.





That is the sort of thing that is in ours as well. It's not very robust language and was written a while ago. Since then, VA law has changed and put more restrictions on what HOAs can and can't do because they got completely out of control and have become a source of power abuse, as well as very selective enforcement.

* PaaN

Posted By n/a on 09/17/2018 2:35 PM
The CCRs only apply to an owner/member of the association.

Said owner/member is contractually prohibited from said street parking on the publicly owned street.

A non owner / non member of the 'public at large' is only obligated to follow city/town/county parking regulations.

The BIG BIG BIG issue for the HOA is:

? how does one determine WITH CERTAINTY who owns the parked car ?


ergo:

UNENFORCABLE in actuality




Which is another issue. If for example my college age adult daughter owns her car and it's in her name, but she lives with me. What can the HOA do? The house is in my name, and she didn't sign anything.

* BarbaraT1

Posted By BarbaraT1 on 09/18/2018 7:04 AM
Let's assume you can creatively interpret your documents to uphold a ban on street parking. How do you plan to enforce it? How will you know what car belongs to what owner? Who is going to patrol the streets 24/7 to ticket vehicles? Do you think a towing company will tow from a public street at the request of an HOA? Are you willing to take it to court if owners ignore violation letters? Can your Association afford to go to court over every parked car?





So for towing, in Virginia, first off, no HOA can ticket or tow cars on public streets. Only the county or city can do that and they won't unless you are violating their laws. Secondly, the only way to tow or ticket is if there is a 6 ft sign (yes, the law specifies that height) clarifying the rules. If it is towing, then not only must the "no parking, towing enforced" sign be there, but there must be a number of the place that towed. and you can't just have a sign at the front of the neighborhood either. It has to be at the spot in question.

Our association fees are low. That will change rather quickly if this thing goes to court, and yes, I'm willing to take it to court. There are a lot of details involved as to why, but most importantly because I don't think they are appropriately or fairly applying the HOA document as it was intended. They are retired, and all their kids have moved out. Of course they don't need to have anyone park on the street.

* TimB4

Posted By TimB4 on 09/18/2018 6:21 PM
Research:

Street Parking Enforcement Texas HOA with a link to the legal opinion given by their attorney.

Homeowner’s Associations May Prohibit Parking Cars in the Street FL legal blog

VERNA v. LINKS AT VALLEYBROOK NEIGHBORHOOD ASSOCIATION INC NJ Superior Court ruling

Parking on Public Roads From legal newsletter. Discusses case above.

MARYLAND ESTATES HOMEOWNERS' ASSOCIATION, Plaintiff/Respondent, v. Karen PUCKETT 2996 Missouri appeals court decision (seems to be the basis of the case law on this topic)

Can Charlotte HOAs prevent on-street parking? 2013 article in Charlotte Observer






I appreciate your research, but these are all out of state. Each state has its own laws, so that's where this thing gets tricky. Now of course, I'm getting a lawyer just to be ready in case they decide to take it to the next level. For them, it's just something they want. For me, street parking is something I need for my family. So I have to fight. If they just wait, it won't take but so long for my kids to move out. Let them finish college (no, we can't afford dorming). And COVID hasn't helped since all classes are at home right now.

What bothers me the most is some of the neighbors leading the charge used to have their kids street park as well, but now that their kids have moved out, they decided to make a fuss, even though they have bigger houses and garages than mine. They still did it.

And I have to reiterate: The builders really intended it to be enforced this way. They are taking an interpretation that is plausible, but not exclusive. It's not like we are disputing anything else related to my house or compliance.

Thank you again to everyone that has responded. I appreciate all of your input. It helps me to talk it through and collect my thoughts, as well as see what all I need to factor in.

MalakA
(Virginia)

Posts:10


04/24/2021 5:41 PM  
^^^The builders really did NOT intend for it to be enforced this way. They are taking an interpretation that is plausible, but not exclusive. It's not like we are disputing anything else related to my house or compliance.

Also actually TimB4, that was really interesting that one legal discussion showing how different states stand on this issue in general, although it was from 2005. Still, that shows the direction states are heading in. Thank you very much for that!


JohnC46
(South Carolina)

Posts:10944


04/25/2021 11:19 AM  
Malak

Most docs say you agree that anyone living in your home will abide by the docs.

If no towing and fine cannot exceed $900 per year might it just be worth letting them fine and paying it so she can park on the street. This assume fines cannot lead to liens. In my state, SC, fines can lead to liens but not to foreclosure.
PaulB12
(Virginia)

Posts:47


04/25/2021 1:34 PM  
Posted By MalakA on 04/10/2021 2:20 PM
This does have me asking a question. I live in Virginia. My street is public. With COVID, obviously we are all home more, and my kids have to park on the street, because not everyone can fit in the driveway. Most of the neighborhood has 3 car garages, but we don't. So can an HOA prevent us from parking on the street?





I believe they can, what does the wording of the docs say?

Example docs from VA, "Each Owner hereby agrees that the County and/or State of Virginia parking restriction shall be privately enforceable by the Association."

So I think they can.

However, here is the case but laws may have changed:


RAINTREE OF ALBEMARLE HOMEOWNERS ASSOCIATION, INC. v. Record No. 910323 OPINION BY JUSTICE LEROY R. HASSELL
January 10, 1992 CHARLES D. JONES, ET AL.

"A subdivision plat of Phase I of the Raintree subdivision, which is a part of the record, shows that Old Brook Road constitutes State Route 652. The Homeowners Association does not have authority to control access to or use of a road owned by the Commonwealth of Virginia. See Robert v. City of Norfolk, 188 Va. 413, 419, 49 S.E.2d 697, 700 (1948)."

Hope this helps.
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