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Street Parking, what can be done?

When I moved in back in May of 2018, I was shocked at how many people were parking on the street. Some of the yards looked like a jungle of weeds and I couldn't figure out why. Like many of you, before we moved in, I read the Property Standards and Maintenance paperwork. So I couldn't figure out why people were parking on the street, not mowing their yards and not putting their Recycling and Trash bins away out of view. Did they not read the same paperwork I did? Did they not care? Did they see other people doing it so they thought, well if they can, then so can I?


This frustrated me as a homeowner moving into a new neighborhood. I wanted it to look nice and for everyone to follow the rules. So I, like many others, complained to our Association Management Company. Nothing was ever done. This pushed me to want to Volunteer to be on the HOA Board. I had never volunteered to be on an HOA Board, but it was something I was willing to try and work hard at. I wanted my community to look nice and for all of our property values to stay as high as possible.


My mother always says, "Don't complain if you're not willing to do something about it."


Wow! What an eye opener this Volunteer Position as a HOA President has been. I have learned a tremendous amount of information about how communities run and how Association Management Companies work for homeowners and the HOA Board of Directors.


I have had so many people ask me, "What is it that the Association Management Company does, what does the HOA Board of Directors do? I do not see them doing anything!!!" I would encourage you to attend our quarterly open board meetings. I would love to share this information with you!


My favorite part of being a Volunteer on the Board of Directors is that I have met so many of my neighbors. I love being able to ride through the neighborhood and know where some of you live and know you by name. I've met your children and spouses and I feel confident in saying that we have really wonderful people in our neighborhood. We should feel grateful to be apart of this community.


Street Parking


This is a topic I would like to talk about with all of you. Everyone wants the HOA Board of Directors to do something about it. After all, it's in the rules right?


Unfortunately, there is nothing the HOA Board of Directors can do about it. Now before you get mad, frustrated, yell at the screen or yell at me, let me explain why.


Our community streets are city owned streets. They are not private streets.

HOAs Cannot Regulate Public Streets


While an HOA can enforce parking rules on its private streets, violations on public streets are typically the realm of police officers. A public street is any road that is publicly maintained, open to the public, and under the responsibility of the government. A HOA may not interfere with that regulation, except to the extent authorized by law.


However, some attorneys believe that the HOA may enforce parking restrictions contained in the governing documents. Governing documents meaning our Covenants. Not our Property Standards. For example, some HOA governing documents prohibit the parking of recreational vehicles (RVs) or work vehicles on public streets within the community. Our's is one of them! That's a win at least! States have upheld these restrictions as reasonable and enforceable. Because only homeowners are bound by the "covenant" of the governing documents, enforcement against non-owners may be difficult or impossible.

I have read, "When an HOA that wishes to exercise authority over parking on public streets, they should ask an attorney to review the governing documents and determine what enforcement actions are legal. The answer may change depending on the association."


While I'm not a lawyer, I did review our Covenants. Here is what I found:


Section 10.4 Parking.

Except for vehicles being used by persons providing services to the Declarant, the Association, the Lot Owners or otherwise used or authorized to be used at the Subdivision by the Declarant, no part of the Subdivision may be used for the parking of any tractor or other yard vehicle, trailer coach, house trailer, mobile home, automobile trailer, motorcycle, camp car, recreational vehicle, camper, truck which exceeds 3/4 ton, boat, boat trailer, or any vehicle with letters or other markings over 4 inches tall or wide, or any other similar vehicle (collectively, "Special Vehicles"), unless such Special Vehicles are parked in the garage of the Lot Owner who owns such Special Vehicle and the garage door of such Lot Owner is completely closed at all times when a Special Vehicle is parked therein. Operative vehicles, other than Special Vehicles, used by a resident of a Lot as a primary source of transportation may be parked in the driveway of such Lot Owner or in any garage space owned by the Owner of such Lot. However, the residents of any one Lot may not collectively park more than four (4) operative vehicles other than Special Vehicles in the Subdivision. Inoperative vehicles (including, but not limited to whether by mechanical failure, by removal of parts, or by lack of current registration or license plate) may not be parked within the Subdivision unless these inoperative vehicles are parked in the garage and the garage door is completely closed.




"no part of the Subdivision may be used for the parking of...any vehicle with letters or other markings over 4 inches tall or wide"



It continues to say:


Vehicles, owned by a Lot Owner or Resident, parked in violation of any part of this Declaration or in violation of any Rules or Regulations, shall be towed away and stored at the Owner's risk and expense. The Lot Owner or Resident who owns the vehicle or who is the host for any other vehicle user, hereby waives any claim against the Association resulting directly or indirectly out of the towing and agrees to pay the tow and storage bill for the release of such vehicle, unless the towing or immobilization can be shown beyond a reasonable doubt to have been done maliciously by the Association. Note that the Association is not obliged to try to determine the owner of a vehicle and first give notice, before towing the vehicle.


So...

Why can't the HOA Board of Directors do anything about all the cars parked on the street?

Because no where in our Covenants does it specifically say a homeowner cannot park their vehicle on the street. Unfortunately, HOA's do not own city streets. Your HOA Board of Directors can only govern Property within our community that does not belong to the city.


However...


With that being said, your HOA Board of Directors can have any tractor or other yard vehicle, trailer coach, house trailer, mobile home, automobile trailer, motorcycle, camp car, recreational vehicle, camper, truck which exceeds 3/4 ton, boat, boat trailer, or any vehicle with letters or other markings over 4 inches tall or wide, inoperative vehicles (including, but not limited to whether by mechanical failure, by removal of parts, or by lack of current registration or license plate) that are parked on the street towed.

Note that the Association is not obliged to try to determine the owner of a vehicle and first give notice, before towing the vehicle.


So all of those vehicles listed above, parked on our city streets...let me add that to my ever growing list of things to do. If you want to help me out, remember, "Don't complain unless you are willing to do something about it.", by taking pictures and getting license plates of vehicles that meet the description above and fill out this violation form https://www.camelotmalory.com/report it is completely anonymous.


Also, if you ever see a car violating these city rules:

No parking:

· Not less than 25 feet from an intersection or stop sign

· Not less than 15 feet from either side of a fire hydrant

· Not less than 12 feet from either side of a crosswalk

· Not less than 5 feet either side of a private or public driveway

· Inoperative vehicles (including, but not limited to whether by mechanical failure, by removal of parts, or by lack of current registration or license plate) that are parked on the street.

Please call law enforcement to issue them a warning or ticket. They can be reached at

(919) 831-6311.


Very grateful,

Kristy Payne

HOA President





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