Parking Wars!

Association Parking Regulation on Private and Public Streets

It is no secret that parking enforcement is a sensitive issue for homeowner associations and their boards; and few issues can compete for the title of "most aggravating" amongst association members. An association's most potent remedy-towing-can lead to frustration, anger and lawsuits. Take, for example, last year's case where a jury awarded $108,000 to a woman who was assaulted by a tow truck operator after the operator attempted to tow a vehicle from the complex and the two got into a nasty fight. That was obviously an extreme case, and fortunately parking enforcement and towing do not usually result in an assault. There can, however, be disagreement over what restrictions should be implemented, how they should be enforced, and whether the association has the authority to enforce them.

Most homeowner associations have CC&Rs and rules that restrict where its members may park, what types of vehicles are permitted to be parked within the development and for how long. Rules generally differ depending on whether it is a condominium project or single-family planned development, whether the area is urban or rural, and whether parking is abundant or in demand. Although associations typically have the authority to regulate the private streets within its development, one particularly thorny issue is how and whether an association can enforce parking restrictions on public streets located within the geographic boundaries of a common interest development (CID).

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