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Looking to find out if HOAs have the power to enforce their own rules (limiting times for street parking) on a public owned road? The road is NOT marked for limited parking hours at all, is maintained by the city and is not owned or marked a "private" for HOA purposes. There are no signs that indicate parking restrictions at all, and the road is wide enough that vehicles can pass with parked cars.
Does the city allow HOAs to have this power? Where would be a starting place for someone to look into for city rules?
My first guess would be no , the city enforces the right of way parking rules. As a matter of fact , depending on the neighborhood , I am inclined to say they are being persnickety , as some persons have a tendency to be. For details , visit www.charmeck.org , and look for zoning laws , or anything related to neighborhoods. It is vague , but I live in apartments.
I know they can't here in Cabarrus County. Street parking is the number one complaint the HOA gets, but all they can do is send out requests.
In our case, it is a safety concern more than an asthetic one. Our streets are not super wide and drivers, for some reason, drive in the middle of the road. Add in tons of kids with more energy than common sense and there have been some close calls.
What bothers me is when they park in a way I cannot safely pull out of my driveway.
The issue is what "jurisdiction" do these roads come under? County, Town, etc? From what I understand any roads inside an HOA are private roads. I would go down to the Town of jurisdiction and find out who owns the road (including who is required by law for the upkeep). I
The issue is what "jurisdiction" do these roads come under? County, Town, etc? From what I understand any roads inside an HOA are private roads. I would go down to the Town of jurisdiction and find out who owns the road (including who is required by law for the upkeep). I
Exactly. The HOA may have the right to enforce parking rules on streets inside the boundaries of the neighborhood. I would do as Bluediamond64 suggested, and also go back to the rulebook for your development as well.
I know they can't here in Cabarrus County. Street parking is the number one complaint the HOA gets, but all they can do is send out requests.
In our case, it is a safety concern more than an asthetic one. Our streets are not super wide and drivers, for some reason, drive in the middle of the road. Add in tons of kids with more energy than common sense and there have been some close calls.
What bothers me is when they park in a way I cannot safely pull out of my driveway.
From a safety standpoint, there is also an issue with emergency vehicles being able to use the streets if parking is not permitted. We have this problem in our neighborhood. The opening road to the neighborhood is not marked for parking, but people still park there. Its difficult for a large fire truck to enter the neighborhood if its clogged with cars. Our HOA does not enforce it though. Personally, I think someone should slap those annoying, hard to remove bright pink "warning" stickers on the cars. That would probably be enough to make people think twice about parking there.
If your HOA says don't park there, DON'T PARK THERE. The power of any HOA is really quite limited but you'll be amazed at how much that limited power can be used to make you wish you moved to a farm.
Looking to find out if HOAs have the power to enforce their own rules (limiting times for street parking) on a public owned road? The road is NOT marked for limited parking hours at all, is maintained by the city and is not owned or marked a "private" for HOA purposes. There are no signs that indicate parking restrictions at all, and the road is wide enough that vehicles can pass with parked cars.
Does the city allow HOAs to have this power? Where would be a starting place for someone to look into for city rules?
This is a good question for Michael Hunter. I've already overused my questions with him so if you don't mind, ask him and post the answer back.
If your HOA says don't park there, DON'T PARK THERE. The power of any HOA is really quite limited but you'll be amazed at how much that limited power can be used to make you wish you moved to a farm.
Moving to a farm is already on the agenda, just have to get the house improvements done so I'm ready to sell.
GCharlotte --- Thanks for the link, I'll hit him up.
The issue is what "jurisdiction" do these roads come under? County, Town, etc? From what I understand any roads inside an HOA are private roads. I would go down to the Town of jurisdiction and find out who owns the road (including who is required by law for the upkeep). I
We've never lived in an HOA neighborhood where the HOA owed the roads. If that were true and the roads needed repaving, all the members could be required to pay thousands or 10's of thousands of dollars in special assessments.
In all the neighborhoods were we've lived, the developer owned the roads until construction and top road layer were complete. The city (or county if outside the city limits) inspect and take over the roads.
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