Oldtymeflyr wrote: Back up a little, your mother agreed to the rules not you. If its your camper on the street the HOA has no authority over you. I doubt if the HOA rules can apply.
Ask for a copy of the rule they seek to apply.
If they tow your vehicle, its probably a crime, theft of a vehicle. You want to check to make sure that the street was dedicated to the city.
Totally whole heartly agree. See this is why I hate HOA. Due to the fact that you are not the home owner and that you are not paying the monthly fees the HOA has no authority over you. If the local PD says its okay then its okay.
If I were you I'de go park at a different neighbors house every night that way the HOA doesn't know who to yell at.
Happy 4th of July.
And good luck sticking it to the man!!!
I find it hard to believe that any HOA can make rules that override the laws, especially on a public street.
My personal opinion of a HOA living is that it is one step away from living in a prison. We have enough restrictions in our lives, and I prefer not to have any connection with a HOA.
I have had volunteer experience with an HOA but it did not have public streets. I will probably never again choose to live under one. But the reason for my preference would probably surprise most readers here. I would not choose to because I quickly discovered that a large majority of the folks living in the HOA TRULY felt that the rules didn't apply to them.
It's not fun to confront folks who supposedly signed and read the rules at closing, etc. and when shown the rule they were violating, would say "I didn't believe that would apply to me". And visitor parking rules are frequent items of contention.
Rules, what rules? I signed the papers but I think rules are for everybody else. So sue me.
Whatever.
2004 F-350 4WD Crew Cab Dually w/ Airlift air bags, Luverne brush guard, side steps and splash guards.
2007 LanceMax 1181 loaded, wider aftermarket custom mattress (driver's side locker omitted).
"Leave the trail a little better than you found it."
The covenants, codes & restrictions (CC & Rs) are a contract that is in addition to the laws, it doesn't over-ride them.
The homeowner's covenants is a deed restriction that is legally binding - you accept it at the time of purchase of the home. Think of it as a contract that the homeowner agrees to - and if they fail to comply with the contract, actions can be triggered by the contract violation - e.g. hiring a lawn service to clean up an unkempt lawn or having a car towed after some notification, etc.
Many cities and housing communities have laws regarding RV parking. In Sacramento no RVs on the street in the same location for more than 3 days. Then you have to move it at least 300 feet. Because No signs are posted and that I travel a great distance and my RV has handicap placard for my mother, the local LEO allows me to stay for up to 7 days if I contact them in advance.
If signs are on the publc street check to see if the ordnance number is posted, if not, contact the local LEO. You might be able to get the information online or from the phone with the LE Agency.
Anybody can make a complaint about a vehicle being parked on the street too long and ask it be ticketed. Tow truck operators need authorization to tow, and that means direction from LEO, a posted sign, or a complaints signature to release them of the liability.
If the street you are parking on is owned by the HOA, then they have the power to fine you or tow your vehicle for a parking violation of their rules.
If the street is City owned, then the HOA has no power to make or enforce any rules on the City street. Only the City has the power to make or enforce rules on their own streets. If the city police said it is ok to park there and the city parking codes confirm what the police said, then you are free to park there within the city's rules.
There is nothing the HOA can legally do to stop you from parking legally on a city street, though they may still try to harrass you, send you bills for fines they have no authority to write or collect, or even illegally tow your vehicle. It is very common for HOA's to try to overstep their authority and extend it out to publicly owned property (city streets or land adjacent to the HOA property most common), but they have no authority, are wrong, and their actions cannot be defended in court.
Our city officials have had to tell people on our HOA board that they can't make or enforce rules on the city's streets several times and yet those people still try to. It is a constant battle dealing with these little tyrants.
I agree that HOA's have a purpose to protect your investment. Yet the rules can be taken out of context when applied to a temporary violation. I would contact the president of HOA and ask to see the R&R's. I would even go as far as leaving a note with the LEO's number that you contacted in order to show your initiative to resolve the conflict.
If this is a public street, I cannot understand how you or I can form a HOA, and create our own laws. If the HOA decided you could not drive on that public street between 8:00 AM and 10:AM, unless you had a green VW, do you really think they could enforce it?
Perhaps they could hold a HOA home owner to their rules, because they agreed to them. I really do not think they could apply them to the public at large, on a public street or place. It is the taxpayers road, not private property.
Reddog1 wrote: If this is a public street, I cannot understand how you or I can form a HOA, and create our own laws. If the HOA decided you could not drive on that public street between 8:00 AM and 10:AM, unless you had a green VW, do you really think they could enforce it?
Perhaps they could hold a HOA home owner to their rules, because they agreed to them. I really do not think they could apply them to the public at large, on a public street or place. It is the taxpayers road, not private property.
Wayne
Exactly!
The city has had to come out and remove signs our HOA put out on the public street saying 'no public parking'. It is a public street and public parking is allowed within the city's rules! The HOA has no authority to make rules apply to a city street! 3 times the city has had to come out and remove the signs and tell the HOA they have no authority on that street, and yet these thick skulled idiots still persist in making rules about the city's street!
The city finally told the HOA, if they want to buy the street from the city, and be responsible for it's maintenance and all the utilities that run along it, they are welcome to make an offer and once it's their's, they can make all the rules they want about it and even put up a gate at each end to keep the public out. They were told that if they don't want to purchase the street, then cease and desist from trying to control the city's street! The city's rules are the ONLY rules that apply to the city's streets, period!
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