I am visiting my mom who lives in a housing tract with an HOA. The streets are public. The HOA is damanding my Dodge 2500 with my camper be removed as there is no parking on the streets as per HOA rules. They also claim the size violates the HOA rules. I checked with the police in the town and they say it is fine on the street as per city ordinance as long as it is moved every 72 hours which it is as I visit areas and come back. The HOA is threatening to have it towed if it remains as I plan on being here another week and a half. There are no signs posted anywhere about the no on street parking. Anyone heard of an HOA having power over city streets?
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yeah, because it's a subdivision with public streets and CC&R's encompassing the subdivision with their own rules (and still abiding by city ordanances too). your mom agreed to those HOA's. It's not a city enforceable issue, but the association can enforce it.
Maybe you can park in another neighborhood a couple streets away?
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Lance squirelite,
Have the HOA give you the exact page number where the restriction is mentioned on the truck camper, so your mom can check her CC&R book.
My old HOA sometimes made up there on rules and when you asked them for the exact location of the rule it then became because we've always done it that way. Well that didn't fly for me and even used there CC&R's against them when I sold my home.
They did have power over the streets because it was a gated community that was privately owned and maintained by the HOA's.
I live in an HOA neighborhood, and also have served on the Board of Directors. From my experience with both, I have found that if you approach the HOA Board ahead of time with a request, they will usually grant it.
So, if your Mom writes them to say you are coming to visit from this date to that, and could they make an exception and allow you to park, they may very well grant it.
I wrote my Board and asked could I keep my TC on my truck for 24 hours before and 24 hours after each trip I take, so I can load and unload it. And even with it being "against" our written rules, they have allowed it.
It's worth a try.
IANAL, but the HOA probably can fine your mother for violating a parking restriction, even if it is a public street, as long as it is spelled out in the CCR. I doubt they have the right to tow your vehicle from a public street. That doesn't mean they wouldn't do it, then you'd have a court fight on your hands.
I'm with travelinglane, better to politely ask for a temporary exemption. That can be hit or miss though, no offense meant to her but HOA boards can sometimes attract petty little tyrants who love to wield their power to inconvenience people.
Quote: Sadly your mom must have some pretty crappy neighbors to turn you in while you are just visiting her
Not necessarily. Our HOA has both volunteers and paid employees who's job it is to patrol the streets and document violations.
It also has rules that do not allow parking on the street from 2am to 5am, ie no overnight parking. Furthermore, things such as boats and rvs are subject to 72 hour period on driveway parking to get ready for or after a trip. After living in an subdivision where my house value was being ruined by junkers, people parking on the grass, houses not being maintained and such, I purchased in a subdivision with strong and enforceable covenants to protect my investment.
My HOA will allow variations if you talk to them and work out the details before hand. We have had folks live in the rv for over a month while their house was repaired from a minor fire. I've also managed to keep my TC on the driveway for two weeks while I work on it after purchase. So some HOAs are flexible, but some of the nicer higher class neighborhoods don't.
My first question would be how long have you been there, how much longer you plan on being, why can't you park on the driveway, and how close are other accomodations. If there is a campground within a mile or two, I sure wouldn't impose on your mother's neighbors to save a few dollars or the little bit of inconvenience, at least not for a couple of weeks.
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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.
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