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HOA vs Street Parking Georgia

Started by TimL4 • 12 replies • 2804 views

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TimL4 (Georgia)
Posts: 2
Posted:
Does anyone have knowledge of a legal case precedent of a GA HOA being able to enforce No street parking that has been included in the CCRs since Day 1? It has been a sore point for 15 years and no lawyer has had the courage to take our case. The Co. Sheriff will not enforce no parking so the few HOs that want to be unneighborly take advantage of that. No HOA board before us wanted to touch it but we are tired of it. Need some legal precedents in GA to help us decide to fight it.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Who owns the road?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Tim

There have been tons of posts on parking. Use the search function.

I am of the school that if the Covenants contain parking restrictions tougher than the law, then the restrictions apply no matter the law says as one agreed to the stricter restrictions by agreeing to the Covenants.

City says overnight street parking allowed. Covenants say no overnight street parking. Covenants win.

City says overnight street parking not allowed. Covenants say overnight street parking allowed. Covenants lose.

Want a little quirk? City says overnight street parking allowed. Covenants say no overnight street parking. Covenants win, but only in the case of the HOA Member. A non-resident could park overnight.

What can an HOA due to violators? Well the high risk procedure is have the car towed. Low risk procedure is fine the homeowner assuming the association has a fining schedule. A whole other subject.
MarkW18
Posts: 1,290
Posted:
In the hierarchy of HOA documents I thought we agreed that City or County laws/regulations supersedes one's CCR's.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think it's more they need to be compliant to the existing city/local laws. They can be more restrictive. So no parking on a public street the HOA may not exceed. No parking on a private road owned by the HOA, then HOA can enforce. I'd just make sure it's documented that if you violate the rule, then you can be towed. The bill for the towing will be sent to you as well.
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarkW18 on 09/17/2019 11:21 AM
In the hierarchy of HOA documents I thought we agreed that City or County laws/regulations supersedes one's CCR's.

However, the covenants can be more restrictive.

Parking allowed on public roadways says the city/county/ State.
Covenants say members and guests may not park on roadways.

Covenants must be followed.

City/County/State says no parking on public roadways.
Covenants says you may park on public roads.

City/County/State must be complied with.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:


However, the covenants can be more restrictive.

Parking allowed on public roadways says the city/county/ State.
Covenants say members and guests may not park on roadways.

Covenants must be followed.


Unless...... the city owns the road. If the city owns the road, the HOA has no legal standing on what people do on that road. They can park there.

The homes are members of the HOA, not the road.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SteveM9 on 09/17/2019 7:32 PM


However, the covenants can be more restrictive.

Parking allowed on public roadways says the city/county/ State.
Covenants say members and guests may not park on roadways.

Covenants must be followed.


Unless...... the city owns the road. If the city owns the road, the HOA has no legal standing on what people do on that road. They can park there.


Wrong.

In fact, this became an issue in Arizona to the point that the legislature had to adopt a law to override the covenants of HOAs that had this authority.

see:

New Arizona law limits future HOAs’ control of parking on public streets

HOA cracks down on street parking

TimB4 (Tennessee)
Posts: 21,059
Posted:
Keep in mind that the restriction must be in within the covenants not any other document or resolution.
TimL4 (Georgia)
Posts: 2
Posted:
Thank you all for responding. The County owns the roads. The no parking in the streets have been in the CCRs since 2003. I am looking for specific legal cases in Georgia if there are any. The local judges and lawyers in GA do not consider other States laws or rulings.
Thanks much.
SheliaH (Indiana)
Posts: 6,964
Posted:
If you want specific case law, you may have to pay an attorney to research this for you (becasue most of us aren't attorneys) or Google the hell out of the topic and see what comes up involving your state. As for other states, it doesn't matter what their laws or case law says because you don't live there.

Ultimately, you may need to find your answer by filing your own lawsuit against someone who's violating your covenants and see who wins - as others have said, the ruling may depend on who owns the streets.

In my community, we adopt the city's street regulations as community rules to follow, so if someone does something like park on the sidewalk (we've had quite a bit of that lately), park against the traffic or keep a "hooptie" in the parking lot (raggedy rides with no plates or expired ones), our security officers (aka off duty cops) can issue tickets and have the cars towed. Our CCRs also prohibit heavy commercial vehicles like long distance trucks), and we've had them towed as well.

That could be something your community might consider doing. Or determine what parking issues are causing the most trouble and come up with a way to address that. For example, is lack of handicapped parking an issue? How about parking big ass cars/trucks in areas that are creating blind spots (increasing the risk of an accident?) If you're on the board, poll the community (or suggest they do it) and see what comes up.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GenoS (Florida)
Posts: 4,276
Posted:
Hooptie? Never heard that one before and believe me, we've got a whole lotta red-necky dirt-road neighborhoods not far away with all sorts of rusty inop vehicles strewn about.

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