Hiring a parking patrol

Our bylaws prohibit owners, residents, or guests from packing on the street overnight, and we have recurring violations of this bylaw.

BUT we don't want to fine people without proof and certainty that each violation has occurred.

So our current standard is a photo after sundown and before midnight of a vehicle on the street, plus a photo after 4am, where both photos show the position, orientation, and location of a wheel, and the license plate. We document these photos and the make model color, then ask the homeowner in writing if they know who's car that is.

Board members have been the ones to take the photos thus far. Often then end up getting taken through a dirty windshield, and aren't good enough to use. None of us particularly want to do this work.

Who can we hire to be parking patrol?

We'd also like them to check for and report any dome lights/headlights left on in driveways, and any garage doors or other doors left open and unattended to the board right away so we can make a positive contact in those cases.

You can hire parking patrol, BUT you have to pay them, that would be an increase in assessments. Be forewarned, check with you association attorney first.

It might be easier to hire a company that spots HOA violations, you then would catch everything, not specifically target on specific violation.
Targeting one specific violation might come back and nip you in the butt.

We have off-duty police officers as security officers and one of their duties is to help with our parking rules, which basically consist of not having semis, inoperable or unlicensed/expired vehicles parked on the street or not parking in front of the fire hydrants. Since they’re cops and our CCRs have adopted the state’s traffic and parking rules as our own, they can ticket the inoperable vehicles (or have them towed.

Recently we had a towing company come in to check for unauthorized parking in the clubhouse parking lot (parking’s not allowed unless there’s an activity going on ) and I think they might have checked for non-resident cars parked in resident parking only slots. So that may be one way to address parking in your area or perhaps you can hire a private security company.
But for this to work, you need to slow your roll and do it correctly, starting with verifying what the HOA can do, if anything regarding the streets – especially if the association doesn’t own them. Sorry, but that IS relevant – otherwise, you'll issue a fine, the driver(s) will sue the Association in protest, and if it’s discovered the HOA DOESN’T have any authority, you’ll pay a pretty penny to the plaintiff, his/her attorney’s fees and your own. That money comes out of your pockets as well as your neighbors – how do you think they’ll respond when they find out the board didn’t think this all the way through?

That’s the tricky thing about rule enforcement – without enforcement, the rules mean nothing, but someone actually has to do it. That takes time and if the board or a group of homeowners don’t want to do it, you have to hire someone to do it for you. That means shopping around for the best contractor (private security companies), negotiating contracts, advising homeowners how enforcement will work (it’s only fair and it’ll help if someone tries to fight it in court – because someone will), and of course, you’ll have to pay for all this, which will affect assessments. Homeowners don’t really like assessment increases, but if you take the time to explain what’s being done and why, they’re more likely to accept it.

Talk to your association attorney who can check your documents and do some research to find out what you can and can’t do legally and go on from there. While you’re at it consider whether the overnight parking prohibition is even necessary. It’s one thing to prohibit this because the streets are narrow and it causes traffic issues, but we live in a society where there are three and four car families – if the driveway isn’t big enough to accommodate all of them, what do you expect them to do? Perhaps some sort of tweak in the rule might be more practical.

Being a public street, your governing documents can restrict parking by members, tenants and guests. However, they can not restrict parking by anyone else.

Hence, if the individual across the street in a different Association wants to park their RV on a street in your neighborhood, they can. If the Association tows the Association will have major issues.

MC can and will patrol the streets if it's in their contract.
You can also hire an independent contractor to do the same.
You can hire a part time employee to do the same.

However, unless you amend the governing documents to insist every vehicle be registered with the Association (and check with an attorney to see what document such a requirement has to be in) you will still have the same issues.

Since you don't like the rule.
You might do better gathering support and changing the rule.

Considering I don't live in your area, no.
I doubt anyone can.

I did provide options of whom else can do the work other then the Board.
The issue will be how much is the Board willing to spend.


Keep in mind that most governing documents authorize the Board to enforce (just as they authorize any member to enforce) the covenants.

However, the choice to enforce is technically an option (just as it is for members) unless the governing documents make it a requirement.

Of course, as with any decision, there are intended and unintended consequences.

Personally, I wouldn't go looking for parking violations.
I'd simply investigate any complaints about said violations.

It certainly is relevant. Depending on how your roads are classified, your governing documents might hold absolutely no weight in a court of law.

How do you plan to establish the identification of "guests"? Are you going to monitor traffic and watch which house someone goes to? If I park in front of Jenny's house, but I spend the night down the street at Sue's house, who are you intending to fine and how will you identify them?