Q: Can I park on the street in my neighborhood without issues?

A: Your situation involves the intersection of HOA regulations and public street access rights, which creates an important legal distinction. The ability of your HOA to enforce parking restrictions depends on whether the streets in your neighborhood are publicly or privately owned.

In most non-gated communities, streets are typically public property owned and maintained by the local municipality. HOAs generally lack enforcement authority over public streets, as this authority belongs exclusively to local government entities. While your HOA covenant contains the 24-hour parking restriction, their ability to enforce this rule through fines or towing from a public street is legally questionable and potentially unenforceable. Many courts have ruled that HOAs cannot restrict parking on public streets even when their governing documents attempt to do so.

However, if your neighborhood streets are privately owned by the HOA (which is less common in non-gated communities), the association would have greater authority to enforce parking regulations. I recommend reviewing your HOA's governing documents to determine street ownership status and consulting your local municipal code for any existing street parking ordinances that might apply independently of HOA rules. Additionally, consider requesting clarification from your HOA board regarding their specific enforcement policy for street parking to avoid potential future disputes despite the lack of issues you've experienced thus far.