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LynneM1 (Florida)
Posts: 2
Posted:
Our CCR's allow for Rules & Regulations.
Our current Published Rules make the following request regarding parking:

Residents are encouraged to park their vehicles in garages or driveways whenever it is feasible. On
street parking can lead to hazardous situations for drivers, pedestrians, etc.

Per LSC Covenants and Restrictions, Article VII Restrictive Covenants Section 17: No inoperative cars…or any other type of vehicles shall be allowed to remain either on or adjacent to any lot for a period in excess of forty-eight (48) hours, provided, this provision shall not apply to any such vehicle being kept in an enclosed garage. There shall be no major repair work performed on any motor vehicle on or adjacent to any Lot. No cars, trucks, trailers, mobile homes, boats, campers, recreational vehicles or other vehicles shall be allowed to be parked for over twenty-four (24) hours in front of or beside a Living Unit.

The following provides additional clarification:

Vehicles as mentioned in the covenants shall be stored and kept in the garage or in the back of the lot in a fenced in area. The maximum height of any boat stored on a trailer shall be eight (8) feet. All vehicles remaining in excess of forty-eight hours shall have current license plates. No boat, trailer, mobile homes, campers or other recreational vehicles shall be allowed to be parked more than thirty-six (36) hours in a thirty (30) day period.

1) The current and previous Boards have only enforced and sent violations on boats, trailers and recreational vehicles parked in driveways.
2) The unintended consequence is now several homeowners are parking their trailered boat on the street
3) Many homeowners have asked the Board to address the issue with street parking
4) We also have 1 home (rental) that has 8 vehicles parked in a long driveway and in their grass - including commercial tow truck that homeowners have asked the Board to address

My questions:
What can the Board do to address the parking on the street issues in a non-gated community?
If we amend our documents to restrict the # of vehicles in a driveway, will we just be adding to our street parking issue?
Can we prohibit commercial vehicles but allow the Fire/Sheriff vehicles that are in the community?
Any suggestions from any other HOA's that have encountered similar scenarios?

I believe that the majority of the homeowners prefer street parking restrictions and do not want commercial tow trucks parked in the community. I am willing to put in the legwork to get the approvals to amend the documents properly. I just want to ensure we think through all of the issues and don't make another issue.
LetA (Nevada)
Posts: 2,679
Posted:
First you should check if your HOA controls the streets or are your streets maintained and controlled by your local government?
Sonds like your streets are maintained by your local government, on that case file a complaint with your local police department on cars and other
maintenance issues, report those to your local governing body i.e city, twp, or county.
LynneM1 (Florida)
Posts: 2
Posted:
Hi, thanks for the response. The reason I stated non-gated was because my understanding is only gated communities in FL have streets under HOA governance.
Our streets are governed by the county - and the county will only address parking violations such as facing the wrong direction, too far from the curb or blocking a fire hydrant.

GenoS (Florida)
Posts: 4,276
Posted:
"I am of the opinion that a marked police vehicle assigned to a law enforcement officer does not constitute a commercial vehicle."

That was the opinion of the Florida Attorney General in 2005. That opinion, linked here is still valid and the rationale behind it, as outlined in the linked opinion, seems like it would also apply to fire amd rescue vehicles as well.

If your roads and streets are public then you're going to have a hard time enforcing restrictions above and beyond the state, county and local laws and regulations.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LynneM1 on 06/18/2017 6:13 PM
Our CCR's allow for Rules & Regulations.
Our current Published Rules make the following request regarding parking:

Residents are encouraged to park their vehicles in garages or driveways whenever it is feasible. On
street parking can lead to hazardous situations for drivers, pedestrians, etc.

Per LSC Covenants and Restrictions, Article VII Restrictive Covenants Section 17: No inoperative cars…or any other type of vehicles shall be allowed to remain either on or adjacent to any lot for a period in excess of forty-eight (48) hours, provided, this provision shall not apply to any such vehicle being kept in an enclosed garage. There shall be no major repair work performed on any motor vehicle on or adjacent to any Lot. No cars, trucks, trailers, mobile homes, boats, campers, recreational vehicles or other vehicles shall be allowed to be parked for over twenty-four (24) hours in front of or beside a Living Unit.

The following provides additional clarification:

Vehicles as mentioned in the covenants shall be stored and kept in the garage or in the back of the lot in a fenced in area. The maximum height of any boat stored on a trailer shall be eight (8) feet. All vehicles remaining in excess of forty-eight hours shall have current license plates. No boat, trailer, mobile homes, campers or other recreational vehicles shall be allowed to be parked more than thirty-six (36) hours in a thirty (30) day period.

1) The current and previous Boards have only enforced and sent violations on boats, trailers and recreational vehicles parked in driveways.
2) The unintended consequence is now several homeowners are parking their trailered boat on the street
3) Many homeowners have asked the Board to address the issue with street parking
4) We also have 1 home (rental) that has 8 vehicles parked in a long driveway and in their grass - including commercial tow truck that homeowners have asked the Board to address

My questions:
What can the Board do to address the parking on the street issues in a non-gated community?
If we amend our documents to restrict the # of vehicles in a driveway, will we just be adding to our street parking issue?
Can we prohibit commercial vehicles but allow the Fire/Sheriff vehicles that are in the community?
Any suggestions from any other HOA's that have encountered similar scenarios?

I believe that the majority of the homeowners prefer street parking restrictions and do not want commercial tow trucks parked in the community. I am willing to put in the legwork to get the approvals to amend the documents properly. I just want to ensure we think through all of the issues and don't make another issue.

First check with your local government ... because most do not allow trailers to be parked on the street unless hitched to a vehicle. That potentially could take care of that initial problem.

Your Questions:

1. It can be difficult or impossible to address parking on a "public street". City / County owned properties are open to the public and guided by their ordinances. Some states such as Nevada are cracking down on HOA's regulating "public property". In NV it is now LAW that unless the HOA owns and pays to maintain the streets they cannot regulate street parking. This came about because HOA's were fining and foreclosing on homes regarding property they did not have the right to regulate.

2. YES ... If they cannot park in driveway then they will simply park on the public street. My last HOA allowed parking in driveway for the number of vehicles you had for a garage. If you had a two car garage you could park two also in your driveway, same for three car garage.

3. You need to look at your State Laws. In many states yes you can require commercial vehicles to park inside a garage (especially if properties have garages). In most states vehicles deemed emergency vehicles such as police, sheriff, fire, etc. are excluded and cannot be regulated in any way shape or form.

4. Suggestion would be to definately NOT allowing parking on front lawn!!! That is just trashy ... I am now in an HOA with acreage so we in our area do not have this issue. My last HOA allowed trailers and vehicles behind a 6' privacy fence, in garage, in driveway (number determined by garage size). Otherwise it was parking on the public street.

If the majority of owner's prefer street parking restrictions ... then they need to prove how they can regulate and be able to potentially fine owners for violations with regards to "public property". The alternative depending on your location and traffic is to see if the city will deed you the public streets and your HOA can all chip in to pay to maintain the streets so you can regulate. Of course you would have to get pretty much 100% of owners to agree ... LOL.
MackeyM (Florida)
Posts: 1
Posted:
I found this old article from this site, that I thought would be a great conversation piece about Parking.

I understand the argument about Public vs Private land.
But help me to understand the contractual agreement and restrictions that Owners (in Florida) have, when buying into a deed restricted community.

If the covenants state that you will NOT park on the street, then you signed a contract to NOT park on the street.
The general public can park on the street, but Owners... well, that why there are contracts.

Here is an article I found that addresses parking on public street within an HOA. The matter addresses California, but hope it will givce you an idea of what you face.

Community Association Parking Rules on Private and Public Streets
By Andrea L. O'Toole, Esq.

It is no secret that parking enforcement is a sensitive issue for homeowner associations and their boards; and few issues can compete for the title of "most aggravating" amongst association members. An association's most potent remedy "towing" can lead to frustration, anger and lawsuits. Take, for example, last year's case where a jury awarded $108,000 to a woman who was assaulted by a tow truck operator after the operator attempted to tow a vehicle from the complex and the two got into a nasty fight.1 That was obviously an extreme case, and fortunately parking enforcement and towing do not usually result in an assault. There can, however, be disagreement over what restrictions should be implemented, how they should be enforced, and whether the association has the authority to enforce them.

Most homeowner associations have CC&Rs and rules that restrict where its members may park, what types of vehicles are permitted to be parked within the development and for how long. Rules generally differ depending on whether it is a condominium project or single-family planned development,2 whether the area is urban or rural, and whether parking is abundant or in demand. Although associations typically have the authority to regulate the private streets within its development, one particularly thorny issue is how and whether an association can enforce parking restrictions on public streets located within the geographic boundaries of a common interest development (CID).

Association Regulation of Private Streets
Some developments consist of private streets that are not open for use by the public and are owned or maintained by the association. Generally, under state law and the governing documents, the association may regulate parking as to both members and non- members in these developments. Typical regulations might restrict the number of allowable vehicles; prohibit or limit commercial or recreational vehicles; and require that vehicles be parked in garages. The association will generally have the authority to enforce those parking restrictions by levying fines, suspending member rights, and by towing.

Association Regulation of Public Streets
Although an association may have authority to enforce parking rules on its private streets, its authority to adopt and enforce internal parking restrictions applicable to public streets within the development is less clear. Public streets, which are those publicly maintained and open for use by the public, are generally the responsibilty of the government; and, an association may not interfere with that regulation, except to the extent authorized by law.

Currently, no California statute expressly authorizes (or prohibits) an association from regulating parking on public streets located within the development's geographic boundaries; but, an association has the power to enforce its recorded CC&R.3 Owners, by purchasing property subject to such CC&R, relinquish certain individual property rights they might otherwise have and accept the risk that an association's discretionary power to enforce restrictions or create new ones may be used in a way that harms the individual owner but benefits the development as a whole.4 Further, associations have a compelling interest in preserving property values through enforcement of the governing documents. How terms are defined in those documents may make a difference in providing an association the authority to regulate the public streets; however, an absence of language specifically granting an association authority over the public streets should not be construed to mean that no authority exists. The governing documents must be considered as a whole and consideration given to the intent of the drafters of the documents..

In addition to the absence of a statute authorizing such regulation, no published California case directly addresses the issue either. At least two out-of-state cases, however, have addressed the issue of a homeowner association regulating the public streets in its development.5 Both of those cases dealt with the prohibition on parking of commercial vehicles in the development, and the courts concluded that the associations had the power to control its members' use of the public streets within the development. Although these cases do not have precedent in California courts, they perhaps lend some guidance on how a court here might rule. But, because the law in this area is not settled, there is a risk that such enforcement may later be found invalid and the rules unenforceable.

Enforcement by Towing
As with any use restriction, the real challenge is in enforcement. To make parking enforcement less challenging, the association should adopt fair and reasonable parking restrictions that are consistent with its governing documents, ensure that the members are aware of the restrictions and apply and enforce those restrictions in a fair and reasonable manner. Where applicable and authorized, an association can tow the unauthorized vehicle; however, towing requires compliance with Vehicle Code section 22658, which provides detailed procedures that must be followed when towing from private property. In most cases, an association must do the following three things in order for tows to be procedurally proper under section 22658:

Provide vehicle owners with prior notice of their inability to park on the property;
Provide proper written authorization for the tow; and
Comply with the statutory reporting requirements.
Notice—the notice requirement can be met either by posting signs at all entrances to the development or by issuing a parking violation notice at least 96 hours before towing the vehicle. The statute provides specific size and content requirements for the signs that must be met where that form of notice is used by the association..

Authorization—valid authorization for the tow can be achieved by a general towing authorization or by a specific towing authorization. A specific authorization is a specific request by the association to remove an unauthorized vehicle from the development. It further verifies to the towing operator that the person requesting the tow has the authority to have the particular vehicle removed. On the other hand, a general authorization permits a towing operator to monitor the development and tow vehicles without having to obtain a specific authorization from the association. However, the circumstances under which a tow operator may remove a vehicle under a general authorization are extremely limited, and most tows will occur under a specific authorization.

Reporting—certain reporting requirements to the owner and to the local traffic law enforcement agency are also required. The association must notify the local traffic law enforcement agency by telephone within one hour after authorizing the tow. The association must further notify the vehicle owner of the basis for the tow but is only required to do so upon the vehicle owner's request..

The towing statute includes many other details that could not be covered in this article including many requirements that apply only to the towing companies; e.g., how to handle tows interrupted by vehicle owners, permitted towing charges, proper money handling, requirements for vehicle storage facilities, and standards for releasing vehicle to their owners.

Conclusion
Associations have the authority to regulate parking on private roads within the development, where authorized to do so in the governing documents. An association may also have the authority to regulate parking where the streets are public in nature. In either case, a review of the governing documents is necessary in making such a determination, and, in the latter, the decision may ultimately lay with the California courts. The association has available to it the important and powerful remedy to tow unauthorized vehicles from the development. The towing statutes are procedurally complex; but they are not insurmountable if the association takes the time to understand and follow the statutory requirements, create reasonable and clear internal policies, and apply those policies in a fair and consistent manner.
HenryD3 (Florida)
Posts: 49
Posted:
MackeyM
Do you have any input on a gate FL community that has HOA rules that prohibit a homeowner from parking their car in the driveway of their house from 1am-6am. They must move their car into their garage. The issue we are seeing is some of the houses are 4Br/3ba but only 2 car garages. Families are moving in with a teenager who is driving or a senior living with an adult couple.
BobB31 (Florida)
Posts: 178
Posted:
Quote:
Posted By GenoS on 06/18/2017 8:40 PM
"I am of the opinion that a marked police vehicle assigned to a law enforcement officer does not constitute a commercial vehicle."

That was the opinion of the Florida Attorney General in 2005. That opinion, linked here is still valid and the rationale behind it, as outlined in the linked opinion, seems like it would also apply to fire amd rescue vehicles as well.

If your roads and streets are public then you're going to have a hard time enforcing restrictions above and beyond the state, county and local laws and regulations.

There is a bill in the works that would encode this opinion. Unfortunately the flsenate.cov site seems to be experiencing problems (perhaps due to this morning's storms?) and I can't get you a cite.
GenoS (Florida)
Posts: 4,276
Posted:
I've read the bills, Bob. They're just codifying what's already in place per the FL Atty General 14 years ago.

This thread is 2 years old, by the way.
BobB31 (Florida)
Posts: 178
Posted:
Quote:
Posted By GenoS on 12/14/2019 10:54 AM
I've read the bills, Bob. They're just codifying what's already in place per the FL Atty General 14 years ago.

This thread is 2 years old, by the way.

Ah, didn't realize. It got pushed to the top by the reply that was made today and I never noticed the dates on the earlier posts.

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