Parking covenants in HOA's

[sasher]

What is the name of your state (only U.S. law)? North Carolina. I'm in an HOA and we have a covenant stating that no homeowners can park their cars in the streets. We have a few homeowners who think this is unfair, and we have since started a committee to look into it. I feel we as an HOA can enforce this covenant with fines even though we do not own our streets. I have asked the Deputy town manager and he agrees with me. Some other people feel that since the roads are public roads the HOA cannot make any rules about homeowners parking on them. My question is; can an HOA enforce the no parking in street covenant even if the streets are public (this would not include towing, or police ticketing, I know). This covenant was put in place at the begining of our neighborhood being built at which time the building company may have owned the roads that they were laying.

 

[Zigner]

If the HOA doesn't own the street, then I don't see how they can regulate the street.

 

[CLJM]

Sasher,
As a homeowner and board member in both Virginia and South Carolina, our HOA's enforced the "no parking in the street" restriction. The covenants were a part of everyone's deed when they bought into the community. When they bought into the community, they bought into the community restrictions and covenants. Fines were also used and enforced as a means for compliance---they too, having been a part of the covenants. The key factor is consistancy in enforcing the rules for all homeowners while also allowing for homeowners to have due process with any HOA issues and complaints.

I can remember two or three homeowners that took the matter to court over the HOA---both times the HOA's prevailed---including recouping any expended legals fees.

It is a "choice" whether to buy in an R and C community or not.

I hope this helps.