Parking on Streets

Started by MissyW • 4 replies • 1713 views

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MissyW (Georgia)
Posts: 22

Posted:

We have an serious issue with folks parking on the streets in our subdivision. Our CCRs state "Vehicles shall not be parked on any subdivision street."

I have been told that since we are not a gated community, we cannot enforce this provision.

I have also been told by a deputy sheriff that we can indeed enforce this.

How can I get this question answered so that I can convience myself and the board one way or the other?

We are in Hall county Georgia.

HaroldS (Arizona)
Posts: 906

Posted:

Missy - Your deputy sheriff is correct. Our city attorney has a form letter they send out to people questioning an HOA's authority to control street parking. Perhaps you could get your city or county attorney to do the same and copy all residents. If the city or county does not regulate street parking, an HOA can. However, the city will not enforce your regulations and you cannot post "no parking" signs. Harold

BrianB (California)
Posts: 2,820

Posted:

harold nailed it!

MissyW (Georgia)
Posts: 22

Posted:

Thanks for the replies. I would sure like to see a copy of this letter. I have asked several government officials about this issue and gotten lots of very unofficial answers. It seems that the only way to get a definite answer this question is to go to court.

We now have a trailer to add to the list of violators in our neighborhood.

RogerB (Colorado)
Posts: 5,067

Posted:

Missy, if your streets are still owned by the association you can definitely enforce restrictions on parking. Or if your streets have been dedicated to the County or the City and the dedication plat indicates the association reserves the right to enforce Covenants and the parking restriction was in the Covenants before dedication you can enforce that restriction. Otherwise you can pass restrictions and try to enforce them but I would not take it to court.

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