Tow someone's car for parking in front of his house--legal? (HOA, crime)

[blisterpeanuts]

A friend of mine told me (I saw it happen actually since I was visiting) the cranky older guy across the street came to her door and demanded to know who owned the Jeep SUV that was parked overnight in front of his house.

It's a public street but HOA regs prohibit parking on the street apparently, so the car was tagged overnight. We figure it was a guest of some neighbor who didn't know the rules.

Regardless of the overnight thing, this guy was at her door at 8am threatening to have the car towed simply because it was in front of his house, like there's anything she could have done about it.

I wonder how someone can get a car towed away, and by whom, when it's just sitting on a neighborhood street legally parked during the day. I mean, if it's there for 3 weeks then it's probably an abandoned vehicle but just one night???

This guy apparently is a retiree with too much time on his hands. He's always screaming about HOA this, HOA that. The HOA would rather leave people alone but he complains and forces them to fine people for the littlest things.

Glad he's not my neighbor, that's all I can say. I live in a mind-your-own-business neighborhood, yet people will help you if you have a problem.

[wit-nit]

If it's a public street, not a private HOA regulated street, then you can legally park without any consequences.

ARS 33-1815. Community authority over public roadways

Notwithstanding any provision in the community documents, an association has no authority over and shall not regulate any roadway, easement or other area for which the ownership or use has been dedicated to a governmental entity or that is otherwise under the legal authority of a governmental entity. An association has jurisdiction over only those roadways, easements and other areas that remain under the ownership of the association.

[blisterpeanuts]

Nitram - thanks for the reference. So, can an HOA actually fine someone for parking overnight on a public road?

[HX_Guy]

Originally Posted by blisterpeanuts

Nitram - thanks for the reference. So, can an HOA actually fine someone for parking overnight on a public road?

Yes, if it's part of the HOA rules.

[Captain Bill]

Originally Posted by blisterpeanuts

Nitram - thanks for the reference. So, can an HOA actually fine someone for parking overnight on a public road?

No. The HOA has no authority over a public street. If the city has placed no parking zone signs on the street, then it is up to the police to enforce that; not the HOA.

The neighbor could be from New York. In many areas of NY, because there are no garages and only street parking, neighbors guard the space in front of their home voraciously.

They will place their garbage cans in front of the house so you can't park there. If someone moves the can and parsk there, they risk having their tires slahed, or worse.

So for the neighbor in question, it has nothing to do that he his retired and has time on his hands, it probably has more to do with his mind set. It just bothers him to have someone park in front of his house.

Your friend should tell his guests to park in front of someone else's house since it bothers this neighbor.

[Sco]

Originally Posted by Captain Bill

No. The HOA has no authority over a public street. If the city has placed no parking zone signs on the street, then it is up to the police to enforce that; not the HOA.

The neighbor could be from New York. In many areas of NY, because there are no garages and only street parking, neighbors guard the space in front of their home voraciously.

They will place their garbage cans in front of the house so you can't park there. If someone moves the can and parsk there, they risk having their tires slahed, or worse.

So for the neighbor in question, it has nothing to do that he his retired and has time on his hands, it probably has more to do with his mind set. It just bothers him to have someone park in front of his house.

Your friend should tell his guests to park in front of someone else's house since it bothers this neighbor.

This retired jerkoff has no right to tell other people where they can park on a public street. He will have to learn to deal with people parking in front of his house, the street is not under his control. There is no way that a person like this should be placated in any way with their unreasonable demands. I would park in front of his house on purpose, the cops can deal with him if he causes any damage. A few days in a holding cell or tent city would take the fight right out of an idiot like this.

[nolagirl]

Has the car been parked there withough moving for days? I think there may be something where is can be consdered abandoned if it hasn't moved.

[Bummer]

Originally Posted by Captain Bill

No. The HOA has no authority over a public street. If the city has placed no parking zone signs on the street, then it is up to the police to enforce that; not the HOA.

Out of curiosity, CB . . . is there any chance the street is not a Public Street?

I cannot imagine a licensed "legitimate" Tow Company towing a vehicle that was not parked illegally or at least requiring some type of Police Authorization.

Possibly there's some misinformation and/or more to this fiasco?

[Master Shake]

I always though that in the newer sub-divisions, the builders paid for and built the roads. These roads were then transferred to the HOA for maintenance once the HOA was in force (no longer run by the builders). This includes the sidewalks, public lighting and associated electricity costs, as well as common area yard (grass, plants) maintenance that is not directly on a homeowners property. Not exactly a private road, but not supported by the city/county either -- and many HOA by-laws specifically state that all vehicles must be parked inside the garage, or on the driveway.

I believe my HOA just repaved the roads in my sub division at a substantial cost, and I know another sub-division nearby is desperately fighting their HOA to install some kind of street lighting because of night-time petty crime issues.

But I could be mistaken.

[Finger Laker]

the HOAs and cities often work together

you're right though that the builders often own the streets to begin with - they develop them, maintain them, etc

ownership is then transferred and this is when it gets hairy - it will depend on who the ownership is transferred to and to what degree - also, is there an arangement between the HOA and the city about how they will be handled