Enforcing Bylaws on Dedicated Road

I'm in Pennsylvania in a community that has a HOA. The declaration states:

"Driveways and streets and other exterior parking areas on the Property shall be used by Owners and occupants for four-wheel passenger vehicles only. No recreational vehicles over twenty feet (20’) in length, boat trailers, boats, mobile homes, commercial vehicles, or tractor trailers, shall be permitted to be parked on a Lot or in the Common Area. Any vehicle owned by an Owner prior to any such changes by the Board of Directors will be permitted to park subsequent to the enactment of the rule or regulations so long as the Owner owns said vehicle. Recreational vehicles, trailers, trucks, boats or commercial vehicles may be permitted to be parked entirely within garages."

Our roads were dedicated to the township. They maintain and plow the roads. The wastewater system under the roads are the responsibility of the HOA.

One of our homeowers is parking his trailer on the street. He called the township who told him that he can put whatever he wants on the road and the HOA rules do not apply to the roads.

The roads are all part of a plot plan filed with the county. All lots are required to be a member of the HOA.

Does the HOA have the right to enforce the docs in the dedicated streets?

Here's the bad news...If the roads are now managed by the township, then it's the township rules. The even worse news...Your HOA needs to change their CC&R's and by-laws to reflect this change. NOT an easy task or cheap. However, it is a VERY necessary thing a HOA should do every few years to update/upgrade their documents.

The reason I am saying this is because we had to do this in our HOA. Our Water meters were once tied together. If you didn't pay your dues, we could turn your water off. The water bill was part of the HOA dues as well. We changed to SEPARATE water meters. This reduced our HOA dues but we had to turn over our streets to the city. This change needed to be reflected in our CC&R's as it mislead owners who was responsible for water repairs and dues rates etc...

Basically, your HOA are invalid now as the conditions have changed. The HOA isn't completely without power. They can still call in any violations if it's against the law. They just can't enforce the rules themselves anymore.