parking and vehicle type restrictions in community

Started by JeffT • 3 replies • 1487 views

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JeffT (Maryland)
Posts: 83

Posted:

The roads within the townhome community belong to the county and the parking areas also belong to the county. They were given to the county by the developer a long time ago. The community is in Maryland.

I am not worried about homeowner parking in each other space. There is no assigned parking because the roads and parking belong to the county as the board sees it.

Questions
1) can the HOA restrict the types of vehicles that park on the sides of the street or in the parking area within the community boundaries.

2) Is there any court rulings that anyone would know of that addresses this issue one way or the other?

Problem is the board wants to restrict commercial vehicles parking overnight, school buses parking throughout the day, etc. The community has parking spots and side streets. They are parking on the side streets. Homeoners are parking commercial vehicles in parking spots.

FrancescaM (Washington)
Posts: 264

Posted:

Quote:

Posted By JeffT on 02/13/2009 7:08 AM
The roads within the townhome community belong to the county and the parking areas also belong to the county. They were given to the county by the developer a long time ago. The community is in Maryland.

I am not worried about homeowner parking in each other space. There is no assigned parking because the roads and parking belong to the county as the board sees it.

Questions
1) can the HOA restrict the types of vehicles that park on the sides of the street or in the parking area within the community boundaries.

2) Is there any court rulings that anyone would know of that addresses this issue one way or the other?

Problem is the board wants to restrict commercial vehicles parking overnight, school buses parking throughout the day, etc. The community has parking spots and side streets. They are parking on the side streets. Homeoners are parking commercial vehicles in parking spots.

Your cc&rs need ot be updated to accomodate the changed community..

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jeff,

You can restrict certain vehicles from parking on driveways and on the street IF your documents give the board this authority. I don't know if there is any case law in MD addressing this but there is MO case law upholding the HOAs power to restrict parking on public streets. The reason being that the CCRs give them that power. There was bill before the AZ legislature for two consecutive years that would have taken away this power from the BOD, but the bill was defeated both years.

MikeS1
Posts: 521

Posted:

Jeff, Here's a great article on the laws that affect this in Maryland and Virginia. I live in Virginia and we implemented a restricted parking district on one state maintained road within the community that was infested with boats, large trucks, Construction Trailers, utility trailers; and I have to say, not only is the view much nicer, but there's a few available spaces most of the time. As it turns out, most of the boats, trailers and trucks belonged to people that lived outside the community. I have a boat and it's stored where boats should be stored...Like either on the water, in the water, on a trailer in a boat yard or on a boat rack. Check this out.
http://www.reesbroome.com/associations/files/newsletters/March_2005.pdf

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