What are your parking restrictions

Our community has a real problem with overnight parking on the streets. Its not but just a few people but they have up to five cars on the street each and the neighbors are not happy. And in my opinion rightfully so. We have a 50 home community and our CC&R's have provisions to change the parking rules. Our Board is considering adopting new rules.

What are your community rules in regards to getting cars off the streets at night and do they work?

Thanks

Kevin, check your counties vehicle parking ordinances. We were told the same thing but I have found the ordinances in Orange County the specify you can only park on the street when it is not possible to park off the street. There is also an ordinance for parking across a driveway or sidewalk. We have had issues with double parking and parking against the flow of traffic.

We have the same restrictions in our Covenants but I think it is better to let the local authorities deal with such issues. When tickets start to be handed out you will notice the problem correct itself.

MelissaM:
First, check your covenant docs to determine whether your streets are your community's responsibility to maintain/repair and what your docs say about parking for residents/guests.
If your streets belong to the community, you can get no parking signs posted to 'remind' residents, and obviously, there must be another area that the docs stipulate for residents to park.
If your streets are municipal-owned, then parking violations come under the local police to monitor and give tickets as violations occur.

Thanks to all who have responded.

Our community does own the streets and each car belongs to a family member who owns the home.

Its the overnight parking that really creates a problem. During the day there is a amaller problem.

Hi Melissa:

Check with your local fire department; the Uniform Fire Code requires a certain amount of clearance so that emergency vehicles can get through. They can advise you if - and if so, where - "no parking" zones need to be, and can give you some leverage in making the case to change your documents, if that is needed, on your private streets.

We had the HOA install "No Parking" signs (Peachtree Business Products is a good source for them) and have curbs painted. We sent out a letter ahead of time to all owners and residents to advise them that the no parking rule would be enforced as of a certain date, then started enforcement.

One that is in place, you need to know what the state, county or city laws and ordinances are on towing, then follow them to the letter on any towing that is done. In the MC where I used to live, we would work with the towing company on this; they would patrol at night, and call the manager on duty for emergencies to get permission to tow; they would take a photo of the car in question, showing that it was improperly parked, so that we could then back up any accusation that a car should not have been towed.

Luckily, in Oregon, most of the time the developer is responsible for installing signs in the no parking zones, so people move in with that understanding, and the counties/cities make sure that the no parking provisions are written into the CC&R's for private streets.

The difficulty we faced was places where the county made the developer put in the no parking provisions for public streets. One of the local HOA lawyers advised that if the HOA wanted to actually enforce it, they would have to have the city or county sign off that the weren't going to enforce it and basically give the HOA the permission to do so.

J. Patrick Moore, CMCA

That brings up a good point. Our CC&Rs have the following clauses:
"Garages" - All houses shall have an enclosed garage, which holds no less than two cars and no more than three.

"Off-street Parking" - All Lots shall have a driveway that allows a minimum of two off-street automobile parking spaces within the boundaries of each Lot.

And as part of the "Vehicle Storage" clause:
Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas.

Our streets are publicly owned, and other than trailers and over-sized vehicles, the city does not have any restrictions against parking on the street.

We have one house where the 4 residents (college-age renters) have turned the garage into a rec-room with a pool table, and as a result are typically parking their cars in the street, usually blocking the neighbor's mailbox/newspaper box. We are wondering if we can use those clauses in the CC&Rs to require the owner to have the pool table removed so that at least two of the cars can be parked in the garage and the other two parked in the driveway.

While I agree that having a lot of cars parked in the street is annoying from what I am gathering where we live in NC that is just too bad. Unless your streets are private convenants do not and should not override the law. Where we live the law states that you cant block someone's driveway, mailbox, car must be facing the direction of traffic. Other than that it isnt unlawful. We are currently researching this issue in the neighborhood I live in. I find it ridiculous that we were having some major renovations done to our home and we got a parking letter from our HOA. I dont think I should have to call my HOA to notify them of why I am parking in the street. We are not street parkers, we use our garage, but occasionally park in the street for a few hours. From what I have gathered so far is that convenants do not override law because the streets are public property. If they did an HOA could change speed limits within a community as well.