HOA Prohibits parking on the Street

[Sis Hutchison]

What is the name of your state (only U.S. law)? Alabama
We purchased a three bedroom house in a very small neighborhood in a college town. The houses are close together and have short driveways. We have three kids that live there with three large vehicles. We constantly get threatening letters and warnings from the HOA that it is against the rules to park on the side of the street in the neighborhood. Sometimes due to school schedules they have to park on the street. Can they enforce this rule? Is this not a public street? These are good kids and they are not breaking any other rules...no constant parties...beer cans on the lawn or anything of that nature. Our latest letter says that we will be receiving a letter from the HOA attorney within 10 days. Should we sell the house or get an attorney?

 

[Antigone*]

What is the name of your state (only U.S. law)? Alabama
We purchased a three bedroom house in a very small neighborhood in a college town. The houses are close together and have short driveways. We have three kids that live there with three large vehicles. We constantly get threatening letters and warnings from the HOA that it is against the rules to park on the side of the street in the neighborhood. Sometimes due to school schedules they have to park on the street. Can they enforce this rule? Is this not a public street? These are good kids and they are not breaking any other rules...no constant parties...beer cans on the lawn or anything of that nature. Our latest letter says that we will be receiving a letter from the HOA attorney within 10 days. Should we sell the house or get an attorney?

Didn't you get a copy of the C C & Rs when you purchased the home? Where do they park their cars at night?

 

[NC Aggie]

If it's in the CC&R, it can and should be enforced. If this is that big of a deal for you then you probably will have to move because there's nothing an attorney can do here.

 

[nextwife]

If the rules don't allow street parking, and space is so limted, why don't they have more compact vehicles that would more likely all fit in the driveway? Downsizing cars is likely cheaper than moving.

Personally, I commute to work by bike. Maybe cycling to school would take less space?

 

[TheGeekess]

If the rules don't allow street parking, and space is so limted, why don't they have more compact vehicles that would more likely all fit in the driveway? Downsizing cars is likely cheaper than moving.

Personally, I commute to work by bike. Maybe cycling to school would take less space?

Good for you, nw. But you don't live in Bama where most folks' commute is over 30 miles one way (on average) and public transport is non-existent.

 

[csi7]

Make a gravel parking spot or whatever type of parking space is allowed. We did a gravel parking spot, and that took care of the four cars, four drivers.

 

[JustAPal00]

Good for you, nw. But you don't live in Bama where most folks' commute is over 30 miles one way (on average) and public transport is non-existent.

an drive big ole trucks with mudder tars on!

 

[TheGeekess]

an drive big ole trucks with mudder tars on!

It's kind of hard to haul hay bales and one's hunting bounty in a foreign sedan. I'm not going to load my goats and donkeys in my little Hyundai. It's hard enough to put the 85+ lb dog in there to take him to the vet.

And the only ones that have 'tars' are the folks from Walker County. They also 'warsh' clothes and light 'fars'.

 

[nextwife]

Her three kids are STUDENTS, she said, not goat herders, and certainly one big honkin' vehicle to use for such need is sufficient. We used to keep an old van for large hauls. The odds of all three kids, simultaneously needing to load goats OR hay bails on the way to school is likely remote.

Especially in an CC&R controlled subdivision. Betcha they have neither goats nor hay bails, after all, if the HOA has a problem with VEHICLES on the streets, how would they take to CRITTERS?

The poster is the one with the NEED to fit all the family cars onto whatever surface areas are allowed. Perhaps if that is where they choose to live, it is impractical to have so many large vehicles, regardless of what one prefers to have. And we have no idea if their school is 30 miles away or 4 miles away.

 

[Mass_Shyster]

I don't see where Alabama permits an association to dictate behavior while not on the property. I would certainly check the declaration to see if they have, at least on paper, granted themselves power to proscribe activities outside the development.

If the declaration does not specifically state that you cannot park on a public street not controlled by the association, I would tell the association to pound sand.

If the declaration does contain such language, you should contact an attorney for an opinion as to it's enforceability.

Ala.Code 1975 § 35-8-9

Code of Alabama Currentness
Title 35. Property.
§ 35-8-9. Duties and responsibilities of association for administration and management of property.

The association provided for by the declaration shall be responsible for the administration and management of the condominium property in accordance with this chapter, the declaration and the bylaws. The association may be incorporated or unincorporated. All unit owners will be stockholders or members. Unless otherwise provided in the declaration, the association, acting through its officers or governing board, shall have the powers enumerated below:

(1) The association may maintain, repair, replace, clean and sanitize the common and limited common elements.

(2) The association may assess and collect funds and may pay for common expenses and limited common expenses out of such funds as are appropriate.

(3) In addition to the enforcement of the covenants and restrictions concerning use, occupancy and transfer of units which are included in the declaration pursuant to section 35-8-7, the association may adopt, distribute, amend and enforce reasonable rules governing the administration and management of the condominium property and the use of the common and limited common elements.

(4) The association may maintain all forms of insurance coverage which are for the benefit of the unit owners. The amount of each unit owner's liability for payment of premiums for such insurance shall be a part of his common expense or limited common expense as is appropriate. The association shall apprise each unit owner whether or not insurance coverage is maintained by the association and the type and amount of any insurance which is so maintained. An insurance trustee or trustees may be appointed to administer the proceeds of any such insurance. No unit owner or other person having an insurable risk may be precluded from obtaining insurance, individually, at his own expense and for his own benefit, against any risk, whether or not covered by insurance maintained by the association. Such forms of insurance maintained by the association may include but are not limited to the following:

a. Insurance covering the entire condominium property against loss by fire and such other hazards as may be desired.

b. Liability insurance against any risk, such as death, personal injury or damage to property, faced by unit owners by virtue of their common or limited common ownership in the condominium property, including but not limited to the acts and omissions of the association, its servants and employees.

(5) The association may have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any common elements or limited common elements therein or accessible therefrom or for making emergency repairs necessary to prevent damages to any other unit or units.

(6) The association may purchase units in the condominium and otherwise acquire, hold, lease, mortgage and convey the same. It may also lease or license the use of common elements and limited common elements in a manner not inconsistent with the rights of unit owners.

(7) The association may acquire or enter into agreements whereby it acquires personal property, real property, leaseholds, memberships or other possessory or use interests in lands or facilities including, but not limited to, country clubs, golf courses, marinas and other recreational facilities intended for the use or benefit of the unit owners. No unit shall be changed except by amendment to the declaration, and no unit owner shall be charged with any cost or expense of such acquisition or any portion of the cost or expense of the administration, management, repair or replacement thereof, or have any liability in connection therewith, without such unit owner's express consent.

(8) The association may enter into agreements by which its powers and responsibilities or some of them may be exercised or performed by some other person or persons.

 

[You Are Guilty]

I don't see where Alabama permits an association to dictate behavior while not on the property.

I don't see where the OP said these were public streets?

 

[Mass_Shyster]

I don't see where the OP said these were public streets?

I assumed the bolded question was rhetorical.

We purchased a three bedroom house in a very small neighborhood in a college town. The houses are close together and have short driveways. We have three kids that live there with three large vehicles. We constantly get threatening letters and warnings from the HOA that it is against the rules to park on the side of the street in the neighborhood. Sometimes due to school schedules they have to park on the street. Can they enforce this rule? Is this not a public street? These are good kids and they are not breaking any other rules...no constant parties...beer cans on the lawn or anything of that nature. Our latest letter says that we will be receiving a letter from the HOA attorney within 10 days. Should we sell the house or get an attorney?

 

[nextwife]

Indeed it may not be a public street. OP may have PRESUMED it to be a public street. The street may indeed be wholly controlled by the HOA.

The OP needs to KNOW, and research exactly who has legal control of the street before any determination may be made as to what the HOA can and can't control.

 

[TheGeekess]

I don't see where the OP said these were public streets?

Or that it was a condominium.

Ala.Code 1975 § 35-8-9

Code of Alabama Currentness
Title 35. Property.
§ 35-8-9. Duties and responsibilities of association for administration and management of property.

The association provided for by the declaration shall be responsible for the administration and management of the condominium property in accordance with this chapter, the declaration and the bylaws. The association may be incorporated or unincorporated. All unit owners will be stockholders or members. Unless otherwise provided in the declaration, the association, acting through its officers or governing board, shall have the powers enumerated below: