HOA not allowing to park more than 3 cars in our driveway

So, this rule just came out where the HOA said that no more than 3 cars to parked on your OWN driveway. This is a single family home and the owners own the driveway.

Is there a precedent where the homeowners can be told to not park a specific number of cars in their own driveway. Please note the cars are not on the sidewalk or any common area....just the driveway of a single family home. This is houston, TX

Isn't that a violation of homestead rights? Can we sue the HOA and have this rule cancelled?

So this rule did not exist previously?

The others are right, Cypertex, you need to read the documents that you agreed to abide by when you bought in your HOA. What rules already are in place? What do you covenants (CC&Rs; declaration) say about driveways and how they may be used?

HOAs each are different so we can't guess what is specified in your documents for your HOA.

I have seen rules that pertain to driveways WHEN they are trying to solve a parking problem, even in single family detached homes. If they don't like the appearance of three cars in a driveways and the authority to change that isn't in the CCR's, they should have a challenge in court. BUT, say the community has a parking problem, they could say you have to park x number of cars first in the garage then x number in the driveway before parking on the street, also given it is part of the common area, such as private streets.

We tried to solve a parking issue in a community I lived in and of the first five applications to park in the street, three of them had seven cars each. Does the HOA have the authority to limit how many live in a house and how many cars each house can own or drive. Don't think so.

You need to have someone look at your documents that understands HOA's.

This can be a tricky situation. Our CCRs prohibit on-street parking, this is common among similar associations in our area. We don't place any limit on the number of cars that can be parked in the driveway, nor do we try to be garage police, requiring cars to be parked there first. All houses have a least a 2 car garage, although some people keep boats, campers, work vehicles, or other trailers in the garage, since those can't be parked in view. Many driveways only have room for 4 cars, and really should stop at 2 since the additional two block the sidewalk. We don't have a rule against that, but the county does, so if anyone called county, a lot of owners could get tickets.

This effectively limits how many cars a household can have, since the next closest potential parking is bit of a hike away. The only house that really seems to have a problem is one where they are renting by the room. It's a 4 bedroom house, there could be more than one person in some rooms, and the garage is full of stuff so they don't park there. One day three taxis started parking on the street, breaking two rules at once (no street parking, no commercial vehicles), a call to the cab company threatening to tow fixed that one though.

Ultimately, like a lot of other restrictions, it's in the CCRs. If the house, including available parking, doesn't meet one's needs, then it's not the best one to buy.