NikkiF (Virginia)
Posts: 4
Posts: 4
Posted:
Help! My HOA refuses to enforce our parking restrictions on the streets in order to "reduce speeding by narrowing the street" by use of cars now parked on the street. Our covenants clearly state that:
Section 5.3. Off Street Parking: Each Owner shall provide adequate space for the parking of automobiles on the owners lot rather than on the street or road in front of his/her lot. It is understood that there may be times when additional parking may be necessary, however this should be limited to a 48 hour stay. Please notify the Property Manager if additional time is needed.
A little history: Our streets at the time the CCRs were written were private and then eventually turned over to the county. It is my understanding that they can still enforce the parking restrictions on the home owners through the CCR agreement between the HOA and the homeowner, although my HOA doesn't seem to have a clear understanding of this issue. I cannot find any instances of case law in Virginia that says the HOA can't enforce their that rule. But, I don't think they have done their own reserach and now they want to help curb the speeding issue in our neighborhood by allowing people to park on the streets. I don't see speeding as an issue that the HOA should be solving. This is a county issue and now that the streets or "public" should be left to the cops.
Also, my HOA president told me that recent homes were sold under the pretense that the parking restriction couldn't be enforced, although I think he is wrong, because I think they are ignoring the issue and instead want to let cars park on the street.
Now our streets our cluttered with cars and this causes limited visibility, and has reduced our roads to a one lane pass thru in order to go anywhere. Not to mention that there are several instances where you are forced to meet cars head on because there are cars parked on the street. I don't see how solving a speeding issue by creating this mess makes it any more safe? Plus, I think it detracts from the property values of our homes, as it doesn't make our community very appealing.
Is there anything that can be done?
Section 5.3. Off Street Parking: Each Owner shall provide adequate space for the parking of automobiles on the owners lot rather than on the street or road in front of his/her lot. It is understood that there may be times when additional parking may be necessary, however this should be limited to a 48 hour stay. Please notify the Property Manager if additional time is needed.
A little history: Our streets at the time the CCRs were written were private and then eventually turned over to the county. It is my understanding that they can still enforce the parking restrictions on the home owners through the CCR agreement between the HOA and the homeowner, although my HOA doesn't seem to have a clear understanding of this issue. I cannot find any instances of case law in Virginia that says the HOA can't enforce their that rule. But, I don't think they have done their own reserach and now they want to help curb the speeding issue in our neighborhood by allowing people to park on the streets. I don't see speeding as an issue that the HOA should be solving. This is a county issue and now that the streets or "public" should be left to the cops.
Also, my HOA president told me that recent homes were sold under the pretense that the parking restriction couldn't be enforced, although I think he is wrong, because I think they are ignoring the issue and instead want to let cars park on the street.
Now our streets our cluttered with cars and this causes limited visibility, and has reduced our roads to a one lane pass thru in order to go anywhere. Not to mention that there are several instances where you are forced to meet cars head on because there are cars parked on the street. I don't see how solving a speeding issue by creating this mess makes it any more safe? Plus, I think it detracts from the property values of our homes, as it doesn't make our community very appealing.
Is there anything that can be done?
