Florida HOA's enforcing street parking

Our BOD is saying that the HOA can't enforce street parking covenants because the streets are public. However, I have seen a ton of posts that say the CCRs are a binding contract that the owner enters into when he signs at closing and joins the HOA. Therefore, the resident, his tenants, and his guests must abide by the CCRS or the would be subject to fines or penalties. Does anyone know of any presidence pertaining to this in Fla...I have a feeling if the BOD goes down this road our streets will be littered with vehicles.

I'm not in Florida, but our association's documents adopted the city's ordinances concerning parking as the community's rules, so depending on what yours say and what you're having trouble with, your Board might consider hiring off duty police officers to do periodic patrols and ticket offenders. We also own three streets, so our two security officers can ticket those cars as well - and for violations like expired and/or inoperable vehicles, they can have them towed at the officer's expense.

Why not talk to your board about your concerns, pointing out the problems that may be more problematic than others? They could also do a poll to see what issues other homeowners have and work with the association attorney in developing policies. I would think your primary priority should be safety - for example, you don't want cars parked all over the place to the point emergency vehicles couldn't get through. You'll also want to address people parking on the grass - if that's the association's responsibility, you might run into more expenses in lawn maintenance to fix ruts caused by wheels, dead grass from motor oil and what not, dripping, etc. And then there's the matter of idiots speeding....

Typically, HOA streets in Florida are not public, they are private. Try to call your town and ask them to send a street cleaner in, they will tell you no. If your governing documents prohibit street parking then its not allowed and can be enforced by the board. You cannot get your police department to enforce this rule, but I will say that some HOA's have contracted with local police to enforce speeding rules in the HOA so maybe parking can be done as well.

The members of a HOA are CONTRACTUALLY BOUND even if said contract prohibits parking on a public street.

however

Said contract only applies to a member/HO, NOT an 'outside member of the public'.

Guests of a member/HO become problematic - hence the many rules requiring the FIRST car to be parked inside the garage.

egs.

I am a member/HO - I park against the contract in front of my home - I have violated the contract and become subject to HOA 'sanctions'.

I am NOT a member/HO but drive down the public street into the 'subdivision' of public streets and park in a legal manner in front of someone's home ON THE PUBLIC STREET - I am parked legally.

?How is the Association to know which car is which?

AHA - therein lies the problem

RAH RAH SIS BOOM BA ~ HOA ALL THE WAY