Questions regarding enforcement of parking regulations on private streets versus public roadways often arise in cases where Covenants, Conditions, and Restrictions (CCRs) or Home Owner Association (HOA) regulations address issues of streets, alleys and parking areas. The key to understanding vehicle operation and parking restrictions on any roadway is knowing whether the roadway in question is privately owned or a public right of way. Public roadways are those owned and maintained by a governmental entity. Only the state or local jurisdiction involved has authority over the operation and parking of vehicles on public roadways.
Private roadways are those owned and maintained by someone other than the City you live in or other type of governmental agency. Prime examples of private roadways are those streets that serve private housing developments, regardless if they are gated or not. Private roadways are subject to the rules and restrictions imposed by the “owner” of that property. In many cases, the “owner” of a private street is the HOA.
When dealing with the parking of vehicles, there may be some overlap between public and private enforcement. Consistent with the governing documents of the association, the HOA may establish speed limits, post regulatory signs, establish parking restrictions (such as limiting parking to tenants or guests), issue parking permits, restrict parking areas, and regulate all vehicles and traffic using the non-public portion of the property.
For example, the governing documents may require that all vehicles be parked in the garage. If a vehicle otherwise conforms to the law for parking in the area and thus would not be subject to enforcement by the City, the HOA may still pursue its private remedies for the violation of the CCRs. HOAs can use a variety of options to enforce the rules and regulations regarding the use of the private property. Disputes between HOAs and individual members of the communities they represent are civil matters. City employees, including police officers, will not enforce CCRs and associated regulations dictating or restricting actions on private property.
Here is another perspective
The Association can have regulations and enforcement of their Private Streets.
Many developments consist of private streets which are not opening for use by the public and are owned or maintained by the association. Generally, under state law and the governing documents, the association may regulate parking as to both members and non-members in these developments. Typical regulations might restrict the number of allowable vehicles; prohibit or limit commercial or recreational vehicles; and require that all resident vehicles be parked inside of their garages. The association will generally have the authority to enforce those parking restrictions by levying fines, suspending member rights, and by citing and towing of violating vehicles.
As a property management company, or a board of directors’ member of an HOA or a condo association, you have the right to manage the parking areas on your property. If you are currently having issues with the abandonment of vehicles, repeated abuses of the designated parking areas or any violation of your established guidelines for parking within your property, you can have those violators removed at the owner’s expense. Courtesy Patrol Specialists, Inc. provides positive parking enforcement. We can service any of the entities listed below as long as they have legal control of such areas, those entities are; management companies, condo associations, apartment communities, businesses, parking lots, and more. We want to partner with you to create a specialized parking program that works the best for you and your residents.
We can also help you facilitate parking enforcement request by providing the proper signage to ensure that all of the legal requirements for the towing of vehicles have been completed.
Whether you are a business owner, property manager, association president, or a management company, we want to help YOU. Please Call or click today.