There tends to be a lot of debate and contention surrounding jurisdiction over HOA public vs private streets. Homeowners may find their cars suddenly towed by their HOA, not knowing that the street is privately owned. Meanwhile, some HOAs enforce parking rules on streets that don’t fall under their authority. The lines can get easily blurred, causing disputes among communities.
HOA Public vs Private Streets: Understanding Scope of Authority
Homeowners associations are responsible for common area maintenance, rule enforcement, and property value preservation. One of the more common issues of debate among HOA communities is street management. Whether a street is private or public impacts an HOA’s control over parking rules enforcement and security measures. As such, it is important to understand the scope of authority an HOA has over roads and streets.
The primary difference between a public street and a private street within an HOA is ownership. The local government owns public streets, whereas the association owns private streets. Therefore, the obligation of maintenance and right of rule enforcement also generally falls under the same jurisdictions.
When distinguishing between HOA public vs private streets, keep the following in mind:
- Public Streets. The general public can access public streets maintained by local government entities. Homeowners associations don’t tend to have control over public streetss, and if they do, it is always limited because the local municipality regulates public streets.
- Private Streets. The general public cannot access private streets typically located within gated HOA communities. Access is generally restricted to only the HOA residents and guests. The HOA bears the responsibility of maintaining private streets and tends to have more control over them.
Who Has Jurisdiction Over HOA Public Streets?
The local government typically has jurisdiction over public streets, even if those streets are within an HOA neighborhood. This means the local government owns these streets. Furthermore, the municipality can enforce traffic laws and regulate parking. It is also responsible for street maintenance and repairs.
An HOA may have established parking or street rules. However, an HOA’s authority over public streets is secondary to municipal regulations. More often than not, an HOA does not even have the authority to enforce parking and security rules over public streets.
That being said, an HOA may request local authorities to enforce specific rules. However, these HOA rules don’t override the local laws and municipal codes. If an HOA has a problem with public street parking, use, or maintenance, it must present its concerns to local authorities.
Can HOA Restrict Parking on Public Streets?
Every now and then, a homeowner may face a fine from their HOA for improper parking on a public street. One might wonder, though, whether an HOA can impose parking restrictions on public streets.
An HOA can’t unilaterally impose parking restrictions on public streets. The local government has jurisdiction over these streets, so it adheres to municipal laws. If local parking regulations permit it, residents can park on public roads.
Of course, this does not mean an HOA is powerless. An HOA may petition the local government if it wishes to change a local parking regulation. If the municipality agrees, it can implement and enforce new parking regulations. Examples include permit parking zones and time-limited parking. Enforcement, though, rests on the local government — not the HOA.
Can Parked Cars Be Towed in HOA Public Streets?
As covered above, public streets fall under the jurisdiction of the local municipality or government. Therefore, only local authorities have the power to tow improperly parked vehicles on public streets. An HOA does not have the independent right to tow cars from public streets, even if they violate the association’s rules.
However, an HOA can still take action. If improperly parked vehicles are on public streets, an HOA can report the issue to local law enforcement or the correct department. Local authorities will then investigate the report and determine whether or not towing is necessary according to local regulations.
Can HOA Restrict Parking on Private Streets?
Homeowners associations generally have more authority over private streets. Private streets are owned and maintained by the HOA, which also governs them, implementing and enforcing rules, typically covering parking.
Here are some examples of common parking rules for HOA private streets:
- Designated parking zones for residents and guests
- Time-limited parking to avoid abandoned vehicles or long-term storage
- Restrictions on commercial vehicle parking
- Permit systems to control and monitor parking on private streets
The HOA board must communicate these rules clearly to all residents. This way, the board can ensure compliance and prevent violations.
If a resident violates a parking rule, the HOA board must follow the proper enforcement procedures. These procedures can vary from one community to another. State laws and an HOA’s governing documents should shed more light on the subject. For instance, in North Carolina, an HOA allows homeowners to be heard before taking disciplinary action.
Can Parked Cars Be Towed in HOA Private Streets?
In general, an HOA has the authority to tow vehicles from private streets if they violate the association’s rules. However, the process must be fair and legal.
As a consequence, towing should be clearly outlined within the HOA’s governing documents. A homeowner may contest towing as enforcement if the CC&Rs or bylaws don’t include it.
An HOA must also clearly define and communicate parking rules to all residents so that they are aware of the association’s regulations. Additionally, an HOA must install adequate signage indicating the HOA’s parking restrictions and towing policies.
Moreover, there may also be notice requirements that an HOA must follow. For example, in California, an HOA must give notice 96 hours before towing a vehicle. Other state and local laws may also apply, depending on the area. An HOA should consult an attorney or HOA manager to ensure compliance.
Finally, an HOA should work with a licensed towing company for the job. The towing company must adhere to all state and local laws. A formal process should also be in place for residents to retrieve their towed vehicles.
HOA Public vs Private Streets: The Final Word
Board members and residents should understand the scope of authority over public and private streets in an HOA. This way, the HOA board can ensure transparency and order within the community. Meanwhile, residents can be fully aware of their rights.
Cedar Management Group offers expert HOA management services, including rule enforcement and code compliance assistance. Call us today at (877) 252-3327 or contact us online to request a proposal!
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