Q: Can an HOA ticket parking on public streets?
I received a letter from our HOA stating they are changing their enforcement policy on Trailers and RVs to include requiring a permit from them with parking time limits, etc. Not having a permit or exceeding those limits will result in a fine. This includes on the public streets. The HOA does not pay for the streets nor the upkeep. We are not in a gated community. There is nothing in our CC&Rs about parking or any other activity on public streets. I know they can do this on the properties, but can they really enforce required permits and fines on public streets? The city has time limits and I do not exceed them. But do not feel the HOA should be able to require this. Do I have any recourse? I would like to press this point before it becomes a habit with them.
A: My recommendation is that you hire a real estate of HOA attorney to provide you a legal opinion on this issue---assuming the legal opinion is in your favor, then I would provide a copy of the legal opinion to the HOA and its Board.
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