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Bylaws-no street parking on public roads with no city restrictions on parking

by TOM
(Woodstock, Ga)

Our community has no street parking in the bylaws, however the city streets have no city parking restrictions on these streets.

Can the HOA board still enforce NO STREET PARKING?

We have 65 homes and all but 3 homes abide by the parking rules.

As a newly elected board member to a newly born board I do not want the board to be in the foreground but rather in the background.

With this said, this was/is a big issue/concern of the members. Before I/we start upsetting people's lives, I need to know if it is enforceable.

Comments for Bylaws-no street parking on public roads with no city restrictions on parking

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May 02, 2016
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Covenants enforcement on the Public owned streets/ NEW
by: Uffelmad

I live in the Montclair community in Virginia outside DC. In the beginning this was a gated community and all the streets were private and under the covenants rules. In 1979 the streets were deeded over to the county by a deed of dedication. Specifically, the covenant that limits the parking of certain vehicles states that it applies to the Property. The Property is defined in the Articles (Covenants) as all lots and common ground with the exception of Streets and roadways plated and deeded by a deed of dedication. The streets were so done and are the property of the County. Further, the deed to the streets stated that the streets' property is conveyed with the covenants attached. The Montclair Property Owners Association has aggressively fined vehicles on the public streets collecting fees and harassing people parked on the deeded streets for 35 years. I recently became the target of this and said no to paying any monies since the covenants restrictions do not apply because of the definitions above. The retort is that the deed says the covenants convey. But if the Covenants themselves define the public streets as outside the Property of Montclair, and the covenants are cited in the deed then the covenants that are relevant to the public streets don't apply, QED. I am making this case to the Board and they cant show me what I am missing, but the HOA attorney tells them to just vote against the fact that the fines are not legal. So far no reason is given to me as to what else may be going on to trump what the convenants and deed of dedication says. I am just trying to get to the truth here, but until someone can show me otherwise, I refuse to pay any tribute to this MPOA unless someone can show me where I am wrong. I am on a fixed income and am not Litigious, but i refuse to have some pinheaded bully push me around. Help please! Can anyone point to where I am missing the point or should I sue in court and try to get 35 years of inappropriate fees reimbursed with interest and punitive damages? Any cut throat attorneys want to take this on Pro Bono?

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HOA - The More Restrict Prevails
by: JC

Tom, my friend, I certainly appreciated you writing to me about this subject which I already have written several pages but it touches so many lives that people from all walks of live keep contacting me time and again …I am quite sure that it will be a long while until I exhaust the subject – if ever!

The first though that comes to mind is if the streets are maintained by the HOA or by the city?

If the city maintains them, then it has been ‘dedicated’ [given to the city] in which case I would venture to think that the city ordinance would prevail.

If the HOA maintains the streets then it is more certain that the by-laws would rule.

I am not a lawyer – and if your board want to be 100% sure, please consult one. However I have seen enough of it that I very confident about I will tell you below.

HOA - the more restrict prevails
The rule is pretty clear: the more restrictive, prevails. I am almost certain that some place in the city there may be a spot or two that street parking is not allowed as well. However that makes no difference – if the HOA has elect to restrict street parking it certainly can do that.

There is no contradiction with what is going elsewhere in the city.
Especially – as it seems – that the HOA imposed regulation has been there for quite some time – which is to say the home owner who are not complying were not caught by surprise with a new situation that was not there before.

Often times HOA will either ‘grandfather’ some folks in for new rules or the board can give a period of time so homeowners can adjust to the restrictions.

Yes the board can enforce the rules
Within the subdivision – or condominium – the HOA board "is" the authority and they can even levy fines if comes to it …not unlikely what the city/county would do

Narrow street can make difficult for emergency vehicles
That can be one of the reasons HOA has imposed such restriction …however – once approved - the board has no need to justify the regulation.

No discrimination – if one has to obey – everyone has to!
So we come to the ‘dilemma’ that you and the new board are going through of whether or not to impose the regulation.

If you are going to keep the rule, then, I would venture to say, you really get busy and inforce it. If not, I would put up to vote if it should be maintained and perhaps get rid of it.

It is slippery slope to have regulation where some folks follow it ant some do not – it runs the risk be perceived as discriminatory… And that should be avoided at all costs!

Perception of discrimination is one of the few things that can get an HOA in trouble – especially if it involves one of the protected minorities: race, color, religion, nation of origin, sex, handicap status or familial status

My humble opinion is – enforce the rule to everyone …and unfortunately, you are bound to step on some folk’s toes OR get rid of it

My best regards, JC

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