In my day job I read, write and sometimes enforce HOA covenants. Whether or not the HOA restrictions apply to a "public" street is an interesting legal question and the answer may depend on whether the CCRs for the subdivision were recorded before or after the final plat was recorded/dedicated. I have seen them done both ways. Also as some have suggested, some streets look public but are in fact not dedicated or accepted as public streets and therefore remain subject to HOA control. Questions like this are lots of fun for a lawyer who has a client with plenty of money but do you really wish to involve your mother in a "test case" of the HOA's authority?
I personally would not live in a subdivision with strict CCRs or an HOA because I have seen too many folks take action on behalf of the HOA which seems unfriendly and even unreasonable, but if you buy property in a development with CCRs, be prepared to live by the rules or face the consequences, which can be expensive and nasty.
Some of you REALLY need to study the HOAs and the states. THEY DO HAVE THE AUTHORITY GRANTED BY THE STATE to do whatever the residents vote on.
This statement and others like it, "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."
Are totally wrong. The can tow your rv, they can fine you, they can fine your mother, they can make life hell for you and her.
If the community your mother lives in is gated or has some entry restrictions, then the STREETS MAY be HOA controlled and not city. If the streets are maintained and owned by the city and NOT the HOA community, they have no right to restrict who may park there nor for how long. But you would have to KNOW all that to say that any towing would be illegal. Good luck.
Frank
Thanks for the replys, it is an interesting scenario. The street is public as confirmed by the LEO and the LEO has no problems of me parking there. The HOA is run by a full time manager with a reputation of being a tyrant, even made my mom remove a hummingbird feeder from a tree. The manager is impossible to talk to, wants the camper gone now.
I have had experience with HOAs living in them and through my employment with a utility. Most are very cooperative and a couple tried to get me arrested for tresspassing while doing my job. Most are very inexperienced with state and local laws reguarding streets, easements, and posting requirements.
This is the first HOA with public streets that I have seen trying to control the streets, it is a 55+ neighborhood with retired people. Its obvious many don't have anything better to do. I wil be checking with the city on Monday to see if they planning dept has given the HOA control over the streets. The CC&Rs do restrict the size of my vehicle but not the weight as it states no one ton trucks and mine is a three quarter ton, I am over the height limit of 8 feet. I don't intend to make waves but this was a surprise, I may just leave early to avoid the battle. I dont camp in the camper as I stay in mom's guest room.
This is my only vehicle so it makes for an inconvenience for me if I have to put it in a storage lot. Also it it's not parked there all the time as I am off seeing sights and visiting with it. Parking it in another neighberhood may be an option but will I be violating their CC&Rs?
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I guess to each his own. You couldn't give me a house to live in an HOA. Now if someone wanted to give me a house in an HOA I could flip that would be ok. LOL
Sounds like you need to copy the city's parking regulations on city streets and inform the HOA tyrant that the street is not within the HOA's domain of power. Then park it there at your free & legal will.
SirDrake you better check, cause sir, you are so wrong. When an HOA files with the state, the state GIVES the HOAs the authority to OWN the street. All you have to do is call any city attorney and they will confirm this. Florida is the most active state in the union for HOA strength and CALIF is second. They can, they will, and they have, towed, fined and FORCED people to sell for violating HOAs.
You do not have to check with the city, check with the state filings office for HOAs.
You can ask for a copy fromt he HOA for their filings, they have to furnish it, and then you can look it up on the web.
Sir Drake is correct, where it concerns any street owned and maintained solely by the city or other municipal government. If the HOA owns it, different story.
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.
Wayne
My thoughts exactly. Why would anyone want to pay for a house and pay taxes on it and THAN be told what what they can do there? Normal zoning laws are bad enough but HOA's are too extreme for me. If you enjoy living in one all the more power to you.
Rich
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