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About to get into a fight with HOA over parking policy inside the community

Posted on 9/28/14 at 1:56 am
Posted by saintforlife1
Member since Jul 2012
1321 posts
Posted on 9/28/14 at 1:56 am
We just moved into a new neighborhood consisting mostly of condominiums and town homes. There are about 50 street-side parallel parking spots within the community that the HOA has decided are for visitors only. I am fine with designating a few spots inside the community as visitor's parking spaces. But seems like the current policy designates every spot inside the community as visitor's parking, which makes no sense. Not sure what the thought process there was. I personally think 50 is too many to designate for visitors only. Most of the condos have tandem garages and people have to park their cars one behind the other. So many residents park one car in the garage and one on the street in front of their home, which is what we do. However, the HOA is going to start enforcing the parking policy and will soon start towing cars. But I have very little inclination to stop parking on the street.

I am wondering if our car gets towed for parking in front of my home, do we have any recourse other than to pay the fine? Can we go after the HOA in some fashion to recoup the towing charges? Are we forced to play by the rules they have come up with on which I had no input as a resident (the HOA board members have been living in the community longer than we have).
Posted by BigAppleTiger
New York City
Member since Dec 2008
10405 posts
Posted on 9/28/14 at 2:48 am to
quote:

I personally think 50 is too many to designate for visitors only.


Quite frankly, who gives a frick what you think? Read the HOA rules and regulations before you purchase property and don't try to change things after you have already agreed to them. If you didn't like the rules, the time to speak up was before you purchased or leased. Ignorant and entitled worldview. The fact of the matter is that you neglected to complete due diligence in your purchase or lease and are now crying foul.
This post was edited on 9/28/14 at 2:51 am
Posted by Lsut81
Member since Jun 2005
80380 posts
Posted on 9/28/14 at 7:32 am to
I asked this in another thread, but can someone clarify here.

On what authority does an HOA operate? I've seen where they can go as far as putting a lean on your property. How the hell is that even possible?

Are their names put anywhere on the tax roll/mortgage? If not, I don't see how a private entity has as much authority as the government.

Just curious where all that power comes from.

TIA
Posted by ItNeverRains
37069
Member since Oct 2007
25949 posts
Posted on 9/28/14 at 8:20 am to
At the next meeting try to get enough signatures to bring it to a vote. If you have documented community support and the HOA won't budge request a hearing or ADR.

Calmly passive aggressively remind them that you realize no lender will underwrite a loan with litigation for any property in the community for as long as the dispute exists, however you and the community support feel strongly about this issue.

Good luck
Posted by DaBeerz
Member since Sep 2004
17069 posts
Posted on 9/28/14 at 9:25 am to
quote:

Are we forced to play by the rules they have come up with on which I had no input as a resident


Did you have input in the constitution, Ten Commandments, or any other law/rule/moral code that you have never voted for? Are you forced to not commit murder just because their is a rule against it? No you are not forced but there are consequences ....you agreed to the rules when you moved there.

Freaking millennial generation, exhibit A
Posted by LeonPhelps
Member since May 2008
8185 posts
Posted on 9/28/14 at 1:50 pm to
This is an Islam mentality - move into a country with a known set of rules and then raise hell to try and get this long established country to adopt to your viewpoint. Don't live there if you do not like the rules.
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11887 posts
Posted on 9/28/14 at 2:32 pm to
When a subdivision is set up the developer sets up a covenant contract for the lot owners in said subdivision. They can lien your property if you build improvement without HOa approval, or if you break rule, like parking rules, though the lien is only enforceable when you try to sell, and has to be renewed after so many years or it expires.

There is always a method for a majority of home owners to rewrite the covenant laws, as this is your only recourse now that you have bought in.
Posted by AbsolutTiger
New Orleans
Member since Sep 2006
4796 posts
Posted on 9/28/14 at 4:11 pm to
My best advice is to move. Honestly, when you move in a neighborhood with an HOA like that you don't even live in a free country anymore.

Those retirees will make you miserable.

Sincerely,
The guy who is moving out of a similar situation
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89807 posts
Posted on 9/28/14 at 5:17 pm to
White people problems.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37333 posts
Posted on 9/28/14 at 8:57 pm to
How are they going to know it's your car, and tow it?

HOA board members get a bad rap. About half of them are power hungry pricks and the other half are just trying to do the best they can.

If you have enough parking for your personal cars, then I woudl suggest trying to get you and your similar-minded neighbors on the HOA board.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 9/29/14 at 1:54 pm to
Don't see how they can tow a vehicle from a public street based on who owns the vehicle. How do they make that determination? It's it's a city street, they have no authority to tow a vehicle and are just using a scare tactic.

If it is a private street, I guess they can, but then again how do they determine which are visitor vehicles and which are owner vehicles? Who will enforce it? I can't imagine many HOA reps willing to have a neighbor's car towed, but there are plenty of assholes in this world.


And as others have said, screw HOA's. Mine isn't as bad as they used to be before the housing crisis. When we first moved in, we were getting letters almost weekly over some minor BS. I think the guy that was in charge of enforcement died though, and the new guy is more chill.
Posted by SouthOfSouth
Baton Rouge
Member since Jun 2008
43480 posts
Posted on 9/30/14 at 1:46 pm to
I know from a personal experience, I was greeted to my new home by the president of the HOA and he told me that they had a rule of not parking on the street.....

Well, they are 3 bedroom places with 2 car garages. Sorry, but people are gonna park on the street.

Anyway, the first weekend I moved in was my birthday and I had my family and close friends come over for a party. Well, someone called the cops cause they parked on the street... There was no noise complaint or anything. I went and talked to the cop and he said that the city has a policy of 2 hr and under parking on the street in neighborhoods is legal so he couldn't do anything as long as they weren't blocking in anyone's driveway.

HOA can kiss my arse cause people park on the street all the time.
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