HOA Parking Enforcement?

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Latest post Tue, Apr 15 2008 11:21 PM by dennis_nj. 9 replies.
  • Sat, Apr 12 2008 10:04 AM

    • craig1961
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    • Joined on Sat, Dec 23 2006
    • Posts 22

    Question [=?] HOA Parking Enforcement?

    I live in a HOA in Brevard County FL. I work for a utility company and am required to be on standby. As such I was parking in my driveway until the board told me I could not based on the rules.

    I then checked with code enforcement and was told that as long as the vehicle is under 10,000lbs GVW I can park on the steet since my community is not gated and does not own the streets and sidewalks. The board has verified this themselves but, continues to harrass me over this and is threatening to complain to my employer. This could at minimum.

    Considering the current state of the economy this could possibly put my job at risk since the company may decide I can no respond to outages in the required time frame if they tell me to park on company property and commute.

    What legal grounds if any do I have in this matter? I have the legal right to park on the street yet they they are trying to forcefully deny me my rights.
  • Sat, Apr 12 2008 2:09 PM In reply to

    re: HOA Parking Enforcement?

    Here's the problem.

    Your legal rights to park on a public street are trumped by your contractual obligations to the HOA.

    When you buy in an HOA you give up a lot of legal rights in exchange for whatever advantages there are of being in an HOA.

    For example, I have the legal right to paint my house pink with purple polka dots. But if I was in an HOA, the HOA has the contractual right (that I give them) to prohibit me from doing so.

    Same with your situation.

    The HOA has the right to enforce the residential quality and look of the community. If a commercial vehicle parked on the street offends the board and/or the community, the HOA *** can certainly take whatever steps is necessary to eliminate the offending vehicle. If not by directly prohibiting it, then by indirectly making your life miserable.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Apr 12 2008 2:22 PM In reply to

    • anon3
    • Top 100 Contributor
    • Joined on Wed, Mar 15 2000
    • Posts 528

    re: HOA Parking Enforcement?

    I disagree with the other poster. Only if your streets are private do they have that right. Since your streets belong to the city you follow city/state parking laws, and use those same for vehicles. There may be weight or size restrictions, but other than that, probably not.
    The hoa can determine what you do with the buildings on the private land of the corporation, but NOT on public streets.

    Consider posting your questions at these four hoa forums. The first three are for homeowners: http://groups.yahoo.com/group/AZ-CHORE/ Jan Bergemann, a Florida advocate posts there. http://groups.yahoo.com/group/hoanet/ is also an advocate group, as is http://www.ahrc.com/new/index.php/src/news. You have to register for them, but there’s information there and maybe some help. A fourth forum is for board members, but homeowners post there occasionally, and you may get help at that one, too.

    Have you asked to be on the agenda at a meeting to discuss this? Ask politely, non-confrontationally, why you are being harassed—“I’m confused. State law (and hoa rules) permit me to park my truck in my driveway. You’ve verified that (and I have the law here for you-prepare to give copies to them) so, help me out: Why are you doing this? I really do not understand.”
    I’m asking/telling you to stop.
    Are other people in the same boat? Are they in this position, too? Maybe a cease and desist order will be necessary at some point. If you do get a lawyer, you need one that is NOTCAI-Community associates Institute-they are anti-homeowner.
    Best wishes with this.
  • Sat, Apr 12 2008 11:30 PM In reply to

    • Jeeper
    • Top 100 Contributor
    • Joined on Fri, Jun 24 2005
    • Posts 494

    Agree [=|=] re: HOA Parking Enforcement?

    I tend to believe the HOA knows they don't have much of a leg to stand on, which is why they say they'll complain to your employer. If they had better standing, they wouldn't threaten with something as petty as that.

    As far as your legal recourse, I can't answer that. I strongly urge that you consult with a local real estate attorney, one that has litigation experience dealing with an HOA. I would do it tomorrow, and have your attorney draft a letter to your HOA, letting them know you're willing to put up a fight (even if you're not).

    Sometimes, a well drafted letter from an attorney will show their poker hand. If they have a leg to stand on, they'll respond and may not back down. If they have no leg to stand on, they'll back down.
  • Sun, Apr 13 2008 12:48 PM In reply to

    • anon3
    • Top 100 Contributor
    • Joined on Wed, Mar 15 2000
    • Posts 528

    re: HOA Parking Enforcement?

    You need to be aware that hoa boards have almost no oversite, are NOT regulated, and homeowners have almost NO protection from the board members, who undoubtedly have "director and officer" insurance, paid for by ho assessments. Then, the boards are defended by attorney, almost definately CAI, and again, paid for by ho assessments.

    They may not have much of a leg to stand on, but so far, most courts stay out of disagreements between ho and hoa boards, saying the ho agreed to the terms of the contract.

    Be careful here.
  • Sun, Apr 13 2008 1:02 PM In reply to

    Feedback [*=*] re: HOA Parking Enforcement?

    You didn't come out and say it, but I'm going to ask, is this a "commercial vehicle"? That may be a sticking point. Generally, a "commercial vehicle" is one which is either registered as such, or one that displays some sort of advertising/company identification, etc.

    The way you posted your question in the first place (not mentioning the type of vehicle), makes me think that you probably asked that exact same question to the code enforcement folks and did't mention the type of vehicle it was.

    For now, assume everything else you said is accurate, particularly that the HOA doesn't own the roads.

    Around me, parking of commercial vehicles in residential areas is regulated by *zoning*, not code enforcement. Overnight parking of a commercial vehicle in a residential zone is NOT permitted, and can result in fines.

    One solution to that would be to park that vehicle inside your garage, if you have one.

    You might want to check local ordinances about that.

    That being said, if, in order to get to your house, you need to cross over any HOA-owned property, they would likely have the right to deny your commercial vehicle access to that property.

    I'll bet ya a nickel that for some reason you've managed to tick-off a neighbor, either in regards to the truck parking, or some other issue.
  • Mon, Apr 14 2008 10:35 AM In reply to

    re: HOA Parking Enforcement?

    Your legal rights to park on a public street are trumped by your contractual obligations to the HOA.

    Jack's right. My own HOA has a CC&R prohibiting overnight parking on the street. While it's not against the city regs (which means no towing!), it is a violation of the contract agreed to when the property was purchased if a vehicle is parked overnight on the city street.

    With that being said, the HOA has really got some thing...sheesh. A public utility truck is honestly different than a regular commercial truck in that you usually don't need advertising to promote a mandatory service! Personally I would figure out a way to make a loophole for basically emergency response vehicles.
  • Mon, Apr 14 2008 5:39 PM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,977

    re: HOA Parking Enforcement?

    I rarely disagree with Jack but I do here---the issue as I see it hinges on does the HOA own the streets in some way---if yes they can write a rule that says only American built cars under 4000 lbs or any darn thing that they can pass consistent with CC&R and bylaws etc--BUT if its a public street they have no say about one does ---for that matter I could drive my pink and green polkadotted vn and park in your streets--and what can HOA do about that?

    Practical problem is that HOA can make all sorts of dumb noise--for that matter HOA can call you boss--as could I for that matter. (I once had a very noisytruck like to runits engine by my home everymorning about 4AM---so I looked up members of board of firm that owned same and called some of them about 4:10AM ---truck moved!

    I fail to see where you can enter into a conttact with a HOA as to your conduct on a site that the neither you nor HOA own or control--but I suppose its possible--EG you cannot park a truck on street but I can as a non HOA participant?

    I presume there is no local ordinace about trucks/venicles on street? In my community there is an ordinace about overnight parking (unattended) of vehicles over 24 feet--but its rarely unforced unless somebody presses the point.

  • Tue, Apr 15 2008 9:01 PM In reply to

    • craig1961
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    • Joined on Sat, Dec 23 2006
    • Posts 22

    Note [#=#] re: HOA Parking Enforcement?

    It's a utility vehicle as in 'public / private' utility services company. As such it has commercial plates and the utility companies name.

    Code enforcement knows the vehicles for my employer so nothing needed to be left out as you infer.

    When the hoa verified they did so by calling code enforcement out and were promptly told code permits it.

    Not that it matters but, there are some whiners about a city police car and county sheriffs car as well. Although for obvious reasons they are not harassing them....
  • Tue, Apr 15 2008 11:21 PM In reply to

    Feedback [*=*] re: HOA Parking Enforcement?

    All I'm saying is that around here, it's *zoning*, not 'codes' that regulates this stuff, it may or may not be the same around you.

    Here, 'codes' handles building issues as to construction/inspection, etc.

    >there are some whiners about a city police car and county sheriffs car as well. Although for obvious reasons they are not harassing them....<

    Doubtful that either qualify as a commercial vehicle in this case.
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