Home Owners Assoc. says I have to park in the driveway!

[Bill V]

Where I live, and this is the same in pretty much every suburb I'm aware of in the metro Twin Cities area, nearly every home is part of an HOA. But they're no big deal--typically, they have dues of about $100/year, which goes to cover upkeep of 'commons' areas, such as walking paths, islands in the middle of cul de sacs, etc.



But they don't really have much of any of the 'rules' people here are discussing, regarding parking, lawn maintenance, signage, etc. It's not that those rules don't exist--it's that those rules are set and enforced by the cities, not the HOAs. I see big benefits to doing it this way--you get the advantages that chops mentions, but it tends to have more teeth than a THA would have, and you don't have the nightmares that result when one neighbor tryies to enforce a rule on another neighbor.



SST, I obviously don't know the physical configuration of your association, but I generally agree with the enforcement of non-street parking rules. I've seen too many situations where emergency vehicles, or mail delivery, or snow plows, etc., can't get in to perform their necessary services just because some clown insists on parking where they don't belong. Frankly, IMHO, if someone owns more vehicles than they can park in their garage and/or driveway, it's a sign that they either own too many vehicles, or not enough garage.

 

[Johnny O]

You could fight it in court on the grounds that it was not previously enforced for a long time. However, depending on the judge, you'd probably lose because the rule was on the books. Best idea is to try to get on the board of the HOA.

 

[Fer Echegaray]

We live in a 12 unit complex, our HOA fees are $260/month, that is one of the cheapest fees around the area. There are rules, yes but the CC&Rs are designed with common sense and have some flexibility.

One example, we have 3 toy poodles, the CC&Rs say only 2 pets per household, but allow us because they're always inside and create way less issue than, let's say, 2 great danes.



Everything outside your door is maintained by the HOA and they'll pay for all services, like grounds lightning, irrigation, gardening and landscaping, fencing, repairs, trash pickup... Last year they replaced the roofing on all buildings, next year the building siding will be replaced and painted, this year the parking lot asphalt will be resurfaced and the damaged curbs rebuilt.



Our property increased 20% it's value in 1 year (about $100k), so no complains... so far

 

[WXMotorSports DecalsPartsAccs]

It's not a matter of emergency vehicles not able to get down our streets. You can only park on one side of the street just for that reason. Everyone is really good about following that rule. I guess I own too many cars and too small of a garage. At least I'm not that home owner that has the 20K car in the driveway because 2K of crap is filling up the garage.

 

[Bill V]

SST, had to LOL at that one--I know way too many people with garages like that. My mother-in-law's is ridiculous--she owns a duplex, with two 2-car garages, and rents out the other unit. But that renter doesn't get a garage--my mother-in-law uses that garage and half of her own for storing crap. She also has a fully finished basement, but you can't access more than about 10% of that because she's got so much junk everywhere. It's to the point of being a fire hazard--you can't get within 20 feet of the furnace because of all the stacks of boxes...

 

[Jeff C]

That sucks. When I go home we have to fit 4 cars in the garage and driveway. Me and my dad park in the driveway, and my mom and sister get the garage space, but they do a lot more running around than me and my dad, so whenever they want to leave, we both have to move our trucks. I know my parents pay well upward of $600 a year and they don't mow our grass or anything, basically just maintain the pool (poorly at that). However, being a planned community, you are required to be part of the HOA if you want to live there, you can't just quit.

 

[Bill V]

Jeff C, I'm just cuious--what would happen if you were to simply decide that you aren't going to pay THA dues? What leverage do they have? (I'm not advocating for or against doing so, just trying to learn more about how much power these groups have.)

 

[Jeff C]

Lose access to the pool, tennis courts, hiking trails, etc. Not really sure, but I could ask my mom next time I talk to her.

 

[Chops]

Bill V,

In my case, covenants are described in detail, agreed upon and signed at closing with a real estate attorney. There is no mystery to it, the HOA just doesn't pop in and start billing, these covenants, regs and charges are agreed upon, at closing.



Should you elect to discontinue the HOA payments, then the HOA attorney (and yes, there is an attorney on retainer) will file a petition in small claims court, for back payment and collection fees. Now should you elect to blow off the judge's order, by state law they can't throw you out of your house if you own it but they will slap a lien on the property, which would have to be satisfied should you decide to ever sell.

 

[Thomas Rogers]

Why is it that we park in a driveway and drive on a parkway?

- Stephen Wright

 

[Thomas Rogers]

Caymen says:

I like living without a HOA. HOA's are nothing but a form of communism.

Yes, I too don't like it when a select few get to collectively define the rules by which others will live or work, and all the time claim it is for the "greater good". The reality is that it's almost always only good for the "select few" and used for furthering their agenda, and that agenda gets furthered at the expense of the rights and choices of others.



Where people want to live or work should be up to them, and they should be able to maximize their own situations through their own abilities. No one needs protection through some small group that THINKS they know what is best for all, and really simply takes their dues and lines their pockets.



TJR

 

[WXMotorSports DecalsPartsAccs]

Having lived in neighborhoods with and without an HOA, I agree with chops. Sometimes they do go overboard but they are protecting our investment. Nothings worse then living in a neighborhood with ******* that don't keep up their house or yard, keep junk cars on their property, and just generally run down the neighborhood. If you want to do that crap then fine, take it out to the trailer park in the sticks where you belong.

I've seen plenty of those neighborhoods but ours is not even close to that.

 

[TomT]

Oh I'm not saying your HOA is not going overboard. Mine just has a restriction on cars being parked on the street that are never moved. I'm not sure what the point is of keeping all cars off the street. Now their forcing them into the driveways where they will probably block the sidewalks.

 

[Gavin Allan]

I hate it when these rules or laws are based on some sort of "feeling" or perception, and they are not based on reality. Even worse is when they are not openly communicated, or sporadically enforced.



If everyone accepts them and fully knows about them before they commit the money, then I don't have a problem.

 

[The Ape]

I live in an HOA community I agree with not being able to park on the street. Here is why.



We had an emergency in my community a few months back and because of cars parked on both sides of the street, the Ambulance could not make its way to the house it was heading to. The drivers just left the Ambulance there and ran to the house (only 4 away) but if it had been farther, the person they were going to help may not have made it.



Ape Out.

 

[WXMotorSports DecalsPartsAccs]

I live in an HOA community I agree with not being able to park on the street. Here is why.



We had an emergency in my community a few months back and because of cars parked on both sides of the street, the Ambulance could not make its way to the house it was heading to. The drivers just left the Ambulance there and ran to the house (only 4 away) but if it had been farther, the person they were going to help may not have made it.



Ape Out.

If this was the issue I wouldn't have a problem with the rule. As I have stated we don't have a problem with emergency vehicles not being able to make down any of our streets.

 

[Jim Thompson]

Most HOAs have enforcement rights....even lien rights. In our neighborhood, the Assoc. can clean up a problem...then bill the property owner for the cleanup. If he doesn't pay, the Assoc. can file a lien against the property. I have served on that board before, and it does not abuse its rights...actually its responsibilities! Neither does it make a profit...so "lining its pockets" is a laugher! There are situations in almost every neighborhood that must be handled....sometimes there is no other way than...."communism" did several of you suggest....? Thats funny too!

 

[Nelson Atwell]

I think many Americans have forgotten what garages and driveways are built for. If I remember correctly, garages are for parking cars inside, while driveways provide access to the garage and provide additional parking. Many people seem to fill their garages with a few hundred dollars worth of crap, and leave their $30 - $40K vehicles out in the driveway or on the street.



HOA rules, just like laws in general, prevent people from their own stupidity or laziness. Our covenant requires the homes in the neighborhood to be maintained, and not be modified to look like some Jamaican crack house (sorry if there are any Jamaicans here, I'm just trying to create an image). We also have rules regarding the pool, since there are some parents who would send their 4 year old down to the pool alone, and then we'd have to fish the body out later in the day and risk the HOA being sued for negligence.



I'm not a big fan of HOAs which meddle in the personal lives of the neighborhood residents, but there is a place for limited regulation. As an example, I have been the President of our HOA for two months. During that time, I have not contacted any resident to correct any infractions of the covenants. We have a fairly well established neighborhood, and people generally take pride in their neighborhood. Also, no one has come to me with any complaints. It is by far the easiest job I've ever had. Basically, I just run the "Co-Op", which is how I like to think of it. We mow the yards every week (done by contract) and maintain the pool and common areas. Nothing more is required in my opinion, unless a resident gets out of hand, and then in most cases law enforcement has jurisdiction.

 

[Richard Kolb]

If there is a problem with parking that interferes with emergency vehicles call the police. Most towns and cities have rules about parking on the pavement to begin with.

 

[Thomas Rogers]

I look at it this way, if there weren't for a few web knobs out there that ruin it for everyone then we wouldn't have half of the stupid laws and regulations we do. But, since our system and society doesn't allow regular people to do whatever needed to keep the wet knobs in line we are left with laws that inconvenience everyone because of the stupidity and thoughtlessness of a few...a few wet knobs.



TJR