HOA Street Parking.

Started by HowardE1 • 5 replies • 1597 views

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HowardE1 (Florida)
Posts: 1

Posted:

Our HOA owns its streets, in a gated community. There are widenings in the streets that clearly are intended for on-street parking without blocking the roadway. All of the lots are platted. Some of the platted lots include part of the street-widened area, so those homeowners own that part of the street. Our CC&R says: "All vehicles must be parked in the garage and/or driveway located on each lot. No vehicles may be parked on the streets, except temporarily (less than 6 hours). Notwithstanding the foregoing, no vehicles may be parked on the streets overnight."

One homeowner insists that since she owns the parking space on the street widening, she can park there overnight. She does this even when there is room in her driveway for the car.

What are your thoughts? Help, please.

AllisonD (Florida)
Posts: 449

Posted:

The street is clearly not the driveway, whether she owns the street or not. The rule is no overnight street parking so it would seem she is violating that rule. It is interesting that the street is owned by the homeowner. Are those properties smaller than the others if you remove the street part from the plat? Do you know how it came to be, does it seem like the builder made a last minute change to the roads?

GenoS (Florida)
Posts: 4,276

Posted:

I'm with Allison. Restrictions on parking on the streets are clear and it doesn't matter who actually owns the ground that the pavement is on.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By HowardE1 on 05/20/2015 2:52 AM

Some of the platted lots include part of the street-widened area, so those homeowners own that part of the street.

No. Those homeowners own property that has an easement for the street. Just as there are easements for the sidewalks and utilities.

Using your logic would be like saying you own the power lines because they are in an easement platted on your property.

Quote:

Posted By HowardE1 on 05/20/2015 2:52 AM
One homeowner insists that since she owns the parking space on the street widening, she can park there overnight. She does this even when there is room in her driveway for the car.

What are your thoughts?

That homeowner would be incorrect. In fact, because the restriction is in the CC&Rs (which is technically a contract between the owner and all other owners within the development), even if the streets were public, they would be in violation of the CC&Rs if they parked their vehicle on the street.

It appears that the Association needs to start their enforcement process.

DouglasK1 (Florida)
Posts: 2,046

Posted:

I'm with the others, ownership doesn't matter. HOA members own their houses, but the governing documents often give the HOA authority over painting, landscaping, or architectural changes, so the HOA can control personal property also.

Escaped former treasurer and director of a self managed association.

PitA
Posts: 311

Posted:

unless said 'parking cut out' is part of or attached to the HO's driveway whereupon it may be argued that is an 'extension' of the driveway (where parking IS permitted)

just to play Devil's Advocate

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