Parking Covenant

Started by MelanieK1 • 5 replies • 1692 views

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MelanieK1 (North Carolina)
Posts: 4

Posted:

I live in a golf course community with restrictive covenants. In our covenants there is a rule againest parking in the street. Up until about 2 years ago this covenant was never enforced. We had a homeowner that is a real menace to the community really push to get the developer to help get this enforced. We are now at a point where homeowners are getting fines, liens on their homes, numerous threatening letters from the board. My question is do they have the authority to do this? Our streets are NOT private and our town maintains them, and the town police dept patrols them. Every where I have looked I have been told that the board has no authority over the streets here. Yet they keep insisting that they do. Anyone know?

RogerB (Colorado)
Posts: 5,067

Posted:

Melanie, check to see if your Declaration of CC&Rs prohibited street parking prior to dedicating the streets to the town AND if the dedication plat reserved the right to enforce existing restrictions. If both occured then I think the HOA can still enforce their restriction on street parking. If both did not occur then I think the HOA has no legal authority to enforce street parking on a public street.

JM2 (Oregon)
Posts: 439

Posted:

Hi Melaine:

In addition to Roger's advice, I would suggest that you have your HOA lawyer check into this.

I'm not sure how wide your streets are...but you might want to check that out, and then contact your local fire department. The Uniform Fire Code has minimum street clearances that are required for emergency vehicle access. The FD can help you determine whether the situation is "safe," or not. If not, then they may be able to help to get the town to restrict parking on one side by signs, painted curbs and/or towing, thus taking the responsibility off the HOA's shoulders. Alternatively, the town may give the HOA permission to tow, even if you don't need to restrict for emergency vehicle clearance.

Chances are, the town planning dept. approved the plat for your development, and probably required the no parking provision in your documents. It might be worthwhile to check on why the provision was included in the documents, and whether it can be removed.

It seems as if some planning departments are eager to require putting no parking regulations into documents, but aren't in communication with the local police/sheriff that would have to do the enforcement.

J. Patrick Moore, CMCA

MelanieK1 (North Carolina)
Posts: 4

Posted:

See that is just it. I went to the police dept, nothing. I got the Town codes where we live and it lists the Town's no parking areas...again nothing. We have a very outspoken woman on some of the neighborhood committees that takes the time to cruise the neighborhood to write down plates of homeowners that have cars parked in the street. She has even gone so far as to call the Capt of a Deputy Sheriff that parked his cruiser in front of his home. We have emailed the Town Attorney to get this matter researched. We have people that live in this community that have had these parking fines that they refuse to pay and the board has put liens on their homes. It is really out of hand. We felt the best way to handle it was to contact the Town's lawyer. The streets are fine with people parking in front of their homes. This same lady called the Fire Dept and asked them to come out. They told her that cars parked in the street would not compromise the safety of the residents if an emergency occured. At this point and time it appears that our HOA has not followed the legalities with respect to parking. I have a friend that is with me on this one and he requested from the Town attorney that a cease and desist order be issued to our board if the findings are that our HOA is acting outside the law. Thanks for the advice...hopefully we will get some answers soon.

HaroldS1 (Arizona)
Posts: 314

Posted:

"check to see if your Declaration of CC&Rs prohibited street parking prior to dedicating the streets to the town AND if the dedication plat reserved the right to enforce existing restrictions."
Roger - how can one determine if the CC&Rs predate the dedication of streets? And where does one go to do this? Thanks, Harold

RogerB (Colorado)
Posts: 5,067

Posted:

Harold, when the Declaration was filed with the County they dated and assigned a book and pages (or registration number). Any official copy has this information added on the first page. Likewise for the dedication plat. At least that is the way it is done in Colorado.

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