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DuaneW1 (Georgia)
Posts: 34
Posted:
We have a green space next to our home in this HOA neighborhood. We have in our CCR's about no parking on the street, and there has been a problem lately with people who don't live here parking right in front of this green space and leaving.

On Halloween night a black Cadillac left their car in front of the space and we called the police only to find out that it is legal for them to do so. Even if they don't live here (they don't) as long as they aren't parking in front of a fire hydrant and they are pointed in the correct direction.

I don't understand this. We could become a parking lot for strangers and there is nothing we can do about it??

Any help would be appreciated! Thanks, Judy W.
RogerB (Colorado)
Posts: 5,067
Posted:
Duane, I presume this is a public street not private. If so, do you know whether the right to enforce restrictions was maintained by the association when the streets were dedicated? This may be on the official plat which should be on file with the county and probably filed with or about the same time as the Declaration of CC&Rs.

Don't assume that because it is stated in the Declaration that this restriction is legally enforcable. If the right to enforce was preserved then you could post NO PARKING signs and send a letter to the police department advising while these streets are public the association has preserved the right to enforce the restriction on no parking. Upon educating the police they may chose to assist you in enforcement.

I have found some police to be helpful and others less so.
DuaneW1 (Georgia)
Posts: 34
Posted:
Thanks for your quick response, Roger. I don't know the answer to your question though. I will print out what you wrote and ask the president of the association.

I had printed out a letter on the computer and put it beneath a few windshields, knowing it had no legal standing about this car being 'illegally parked' and that the license number and a picture of the car had been taken hoping that it would be enough to intimidate the driver into not coming back. But this black car held men, not teens and they've already come back.

It sounds sissyish to say they scare me, but they do.

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