Street parking

Are your streets owned by local government or the HOA?

If the HOA owns and maintains the streets then you are bound by the rules and regulations.

If the streets are "public" streets then in some states they allow the HOA to regulate while others such as (NV) Do Not allow the HOA to regulate public streets. I would recommend you ask your local government agency if the streets are "public" If the HOA can regulate. If they state yes ... ask them what State Statute or Local Ordinance states such fact ... LOL, bet they cannot provide.

Our streets are private and gated. The reason I was given for no street parking between 2:00 and 5:00 am is because " I don't want cars parked in front of my house."
There are no city restrictions on street parking, only storing wehicles for 96 hours. We have wide streets so there's no issue there. A homeowner has a lot of cars because they have a large extended family living at the home. Large 6 bedroom homes with small house in backyard so obviously there is going to be a lot of cars. Our CCRS under use restrictions have no references to parking in driveways or streets. Asking a family to park outside our community to me seems totally unreasonable and unenforceable. there are no limit of vehicles anywhere in our docs. The board wants to tow theses vehicles from streets and driveways. As a board member, I think these families have a right to enjoyment and would be burdened to park outside our community. It seems the law is clear and rules and regulations cannot be more restrictive than the CCRS and there is clearly zero parking restrictions. Trying to find a reasonable resolution.

Your first post suggest that the overnight parking rule is for streets, this post adds "and driveways". Can you clarify if driveways are included in the parking restriction? If they are on the homeowner's private property, towing from driveways seems like a recipe for disaster.

As of now the rules say "no street parking between 2 and 5 am. (Rule)

CCRS say....
A reasonable number of boats, trailers, motor homes , recreational vehicles, trucks, commercial vehicles, campers, boats and inoperable vehicles belonging to an owner belonging to an owner may be stored within the prject if kept within a fenced yard or within a accessory building constructed upon the lot.

That's the only parking reference. The board also sent a draft that added. The word " automobiles" to that wording , I challenged that word as it also makes more restrictions.

So bottom line question is if no parking restrictions are in CCR section under restrictions, can the board make restrictions for no reason other than a home has what they think is too many cars, or the board not wanting any cars parked in front of their house.

I'm pretty sure the law is clear just like my ducks in a row.
Thank

Jill

Do not confuse Covenants/Bylaws with Rules and Regulations (R&Rs), nor with local laws. Covenants/Bylaws and R&R's can be tougher/more restrictive than laws as owners agreed to them. Quite common for local laws to allow overnight parking but for an association to ban such. In such a case, the association usually wins especially when "they own" the streets.

R&Rs cannot override Covenants/Bylaws. Many associations try this approach.

Adding a 2am to 5am street parking ban via R&Rs is probably not legal. Owners voting for such a Covenant change would probably be legal.

If your streets are private and gated, then yes can be reasonably regulated. Those streets are in essence "private property" owned by the HOA vs. "public property" owned by the local government.

Here is some info from Davis Stirling:

http://www.davis-stirling.com/Main-Index/Traffic-Violations

Thank you Richard ... good info for CA owners to know. Do you have a link for the statute your old HOA violated? It might help the OP to understand what his documents need to state.

I didn't say anything about my old HOA violating anything. I said there was a $20M lawsuit because the city where the HOA is located wouldn't enforce any speed limits placed on the street because the judges said they were private streets. In this instance, someone fractured their hip while riding a bike and blowing through stop signs. Six months prior two kids were killed doing 100 MPH and blowing through the same stop signs. To slow traffic, we installed speed bumps. Now the city wants them removed, even though they don't own the street nor will they enforce speed limits.

In our case, the CCRs gave the Association the authority to create rules regulating parking and speed limits. An association can create parking rules only if the CCRs give them the authority. In the OP post, she doesn't make any reference to the Association having the authority to regulate parking. IF silent and they want parking rules, first get it into the CCRs.

As the OP posted, they don't want cars parked in font of their houses. Sorry, that space is shared equally among ALL homeowners, as it is common area.

This is based on my experience within the HOA legal field.

In my case, the streets are private and common area but the developer, 15 years ago, did not add any parking restrictions or add language in the CCRS that gave them authority to do so. I understand the board has the authority to make rules and enforce them. According to the laws in California, the rules can't be more restrictive.
This has actually been going on for over 10 years when the board put a rule in saying no street parking from 2 to 5 am on the streets. I was on the board then and gave all this information then and was just ignored then. At the time I shared the law stating this then too and said there were not even no parking signs up and there still are not but that's another issue. The rules were added to our rules but never enforced. Now the board feels they want to tow vehicles parked on the street. I am again on the board and I am trying to save them from a legal battle, which there will be from homeowners. We are a small community of single family homes with at least 5 bedrooms and many homes have casitas or granny flats so there are a lot of people living in some houses. We have to be reasonable and find a solution for these homeowners.