Public Street Parking

Started by NiqN • 4 replies • 242 views

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NiqN (New Jersey)
Posts: 1

Posted:

State is NJ.

In our community, streets are public and managed by the city & county. The CC&Rs states on street parking is not allowed and homeowners will be fined for both themselves and guests parking on the street.

However, the HOA sent out a letter stating the township would be responsible for ticketing/towing of cars on the street. About a month later, I received a fine for a guest parking on the street.

I have find case law going both ways but wondering if anyone has any experience with this and what was the outcome?

SheliaH (Indiana)
Posts: 6,964

Posted:

Since the streets are public, it makes sense for the township to enforce parking rules and that's probably why the letter went out. Who's supposed to get the fine money - if it's the HOA, ask if you can appeal the decision. You may be able to get the policy clarified and perhaps get the fine dropped.

Reread that letter to see if it provided more information regarding the change in policy. If the township has stated it will be ticketing the homeowner and guest, you need to take this up with them. And since you DID get a notice regarding towing and ticketing, tell your guests they'll need to park in your driveway until all this gets settled.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By NiqN on 03/25/2022 5:59 AM
State is NJ.

In our community, streets are public and managed by the city & county. The CC&Rs states on street parking is not allowed and homeowners will be fined for both themselves and guests parking on the street.

However, the HOA sent out a letter stating the township would be responsible for ticketing/towing of cars on the street. About a month later, I received a fine for a guest parking on the street.

I have find case law going both ways but wondering if anyone has any experience with this and what was the outcome?

fine from the city or from the HOA?

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

fine from the city or from the HOA?

PatJ1 (North Carolina)
Posts: 568

Posted:

I am in my 2nd HOA. First one was SFH, current one is condos, totally community property.

When I purchased my SFH in the 1990's, there was no parking on the street and you could be fined. The HOA was still under builder's control. Once complete, the roads in the HOA were turned over to the city and the HOA could no longer enforce no street parking.

Look into this. It could answer many of your questions.

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