PARKING ON STREETS

Good afternoon to All,
I'm currently serving on the Board of the HOA within my subdivision in Snellville,GA. We are having a problem with residents parking on the streets as if it was their driveways. There are covenant rules which state that you cannot park on the street as a resident, you will have visitors that are going to park on the street, which is fine because they are going to leave but there are residents that park there everyday. We have very narrow streets so it not only makes it difficult for other residents but for the school buses that drop kids off at their designated stops within the community.

My question is, has anyone experience this particular issue and what are some suggested actions that were implemented to help correct and resolve this issue. I know that it may or may not depend slightly on the county we live in and the laws of county roads but I would like to get some suggestions on how to aggressively resolve this issue.

THank you for all help.

Thank you for the post, but I am well aware of the actual rules and regulations per our covenants. What I am looking for are other HOA's that have experienced this problem and what suggestive actions have been taken in order to resolve this matter.

No we are not a private community, they are county owned roads.

Steve, what I posted is Rules and Regulations; they are not the restrictions in the CC&Rs but further clarify and expand on those restrictions. These R&Rs were instigated to control the problem you mentioned. They have resolved the problem. Does that clarify and help you?

Steve:

Parking on streets are a major problem in almost all HOA's. Owners themselves are the major contributor to the cars displaced onto the streets. Even if your CCR's state "no parking" on the streets as you know the County Ordinance would supercede your CCR's in court.

Making a Resolution to creating a rule (like the one Roger gave above) is a good place to start because the board could bring the Owner before the board in a Hearing (mediation) to bring a solution to the problem.

Most States will have a "cannot impede the flow of traffic" and "cannot block the line of sight", however the board can impose a rule that Owners must utilize their garage and driveways before displacing vehicles onto the street. As well as they cannot block the neighbors, driveway or mailbox.

BradP gave you the correct answer. Recommend using your newsletter, meetings, etc. to provide rationale to all residents for not parking on streets.

" In my opinion, a covenant or restriction against parking on the street is just as enforceable as any other covenant or restriction. "

In our community, even in subdivisions where the county/metro owns the roads, our covenants regarding parking on the street have been upheld in court. The police will only enforce to the extent of the local ordinance, and not our CC&R, if it is more restrictive, but the courts have upheld our cases regarding the prohibition of on-street parking in excess of 4 hours in any 24 hour period or overnight.

So, as it usually goes, getting a meeting with your local law enforcement and an attorney well versed in local HOA cases could be more helpful, since this is very likely community-specific.