HOA won't enforce street parking covenant

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whags334

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Jurisdiction
Florida
Hello, my HOA was elected last year and immediately there was a rumor they planned to let people self govern in regards to the covenants...we have about 700 homes! The pres of the HOA swears this is not the case. I contacted him last August regarding street parking. I have two kids and it is a major safety concern for me, as well as bringing down home values. His response was that the HOA's lawyers said they can't enforce the covenant because the streets are public. I was pres of an HOA in the past and pointed out to him that all streets are public unless your community is gated and that the covenants are a contract you agree to at closing; therefore, residents are obligated to abide by the covenants.

Last month he told me that they can't enforce the covenant because it's to vauge:
No Parking of Vehicles. Boats" Etc. No recreational or other vehicles of
any kind, including, but not timited to, any mobile home, trailer (either with or without wheels),
motor home, tractor, car, truck, commercial vehicles of any type, camper, motorized camper or
trailer, motorcycle, motorized bicycle, motorized go-cart, boats or any other objects may be kept
or parked between the street and the front of residential structures; provided, however, private
autbmobiles or vehicles of the Owners bearing no commercial signs, unless in connection with
their employment, may be parked in the driveway upon the Lot. All strch vehicles and objects
shall be iompletely scieened inside a garage, carport or covered and concealed from view from
arty adjacent Lot or roadway. Private automobiles of guests of occupants may be parked in the
driveways and other vehicles may be parked in the driveways duling the times necessary for
pickup and delivery service and solely for the purpose of such servicg. No trailer, other than sales
of construction trailers, shall be kept on any Lot. No Owner or other occupant of any portion of
the property shall repair or restore any vehicle of any kind upon or within any Lot or within any
portionof the Property, except within enclosed garages or workshop.

How is that too vauge you ask. He states that the HOA's lawyers believe that even though it says from the street to the front of you house, it doesn't actually include street...what should I do. He also won't tell me the names of our lawyers.
 
Nothing you can do, because your HOA has spoken sensibly.
The board has no authority to act, so you need to act by instructing your children and keeping a very close eye on them.

I did it.
Other parents do it.
Now you must do it.
It's what parents do, not the law.
 
Nothing you can do, because your HOA has spoken sensibly.
The board has no authority to act, so you need to act by instructing your children and keeping a very close eye on them.

I did it.
Other parents do it.
Now you must do it.
It's what parents do, not the law.

Are u even a lawyer? How do they have no authority to act...it explicitly states no parking from the street to the front of your house! I have lived in several neighborhoods and they all enforced no street parking and so do all my friends neighborhood. This is not an urban neighborhood, it is very suburban. Are you saying the covenants and restrictions are not a contract that you enter into as a condition of residency.
 
I read "no....may be kept or parked between the street and the front of residential structures" to mean that you can't park on the front lawn but can park on your own driveway which is usually in that space. It doesn't say they cannot be parked IN the street.

Even if your interpretation is correct, unfortunately it sounds like there is no one to enforce the covenant if the local police won't ticket/tow. While the HOA could fine, tow, etc, you can bank of the fact that they and the HOA will get sued over it. Especially if the car owners are not residents and didn't enter the covenant. The HOA doesn't own the streets, the city/county/state do unless they are private streets, which you have said they are not.

While there are lots of covenants, I have found that not all have a big stick to get homeowners to comply and without that, you are pretty much out of luck. In the other neighborhoods, it just sounds like they haven't had anyone push the limits yet All you can do is teach your kids to deal with the situation. And run for a board position next time the terms are open.
 
Are u even a lawyer? How do they have no authority to act...it explicitly states no parking from the street to the front of your house! I have lived in several neighborhoods and they all enforced no street parking and so do all my friends neighborhood. This is not an urban neighborhood, it is very suburban. Are you saying the covenants and restrictions are not a contract that you enter into as a condition of residency.

I don't know why (nor do I care why) your board claims it has no authority.
You can, however, ask that question of your board.


Yes, I am a lawyer (licensed to practice in several states, not yours).
I'm not, however, YOUR lawyer.
You couldn't afford me, anyway.

Now, are YOU a lawyer?
No need to answer, because I don't care what you are, or what you do.

Since we're getting personal, I own several homes and a working cattle ranch.
None of those homes are under any HOA, as they all are located in unincorporated areas of various counties.


Your HOA told you THEIR lawyer has spoken.
If you don't like that, HIRE a lawyer to sue the board so you can find out.
You can also energize other residents who feel as you do and use your covenant to MAKE the board do as you wish the board to do.
Or, you can run for HOA president and steer a new direction.
Unless or until something changes, you got NOTHING, mate.
 
Yes, I am a lawyer (licensed to practice in several states, not yours).
I'm not, however, YOUR lawyer.
You couldn't afford me, anyway.
Your HOA told you THEIR lawyer has spoken.
If you don't like that, HIRE a lawyer to sue the board so you can find out.
You can also energize other residents who feel as you do and use your covenant to MAKE the board do as you wish the board to do.
Or, you can run for HOA president and steer a new direction.
Unless or until something changes, you got NOTHING, mate.

Sorry if I came across in a rude manner but myself and some other home owners all believe the board is just refusing to enforce the covenants because they don't want any complaints. No one believes they have even spoken to the lawyers and if I had the time, I would have run but I have too many things going on at work. I guess my question is, if we are right and the board just isn't doing anything, do we have cause to get an attorney and sue the board.
 
Sorry if I came across in a rude manner but myself and some other home owners all believe the board is just refusing to enforce the covenants because they don't want any complaints. No one believes they have even spoken to the lawyers and if I had the time, I would have run but I have too many things going on at work. I guess my question is, if we are right and the board just isn't doing anything, do we have cause to get an attorney and sue the board.
Not only are they not enforcing parking covenants, they are not enforcing landscaping covenants, and satellite dish covenants. It is a beautiful new neighborhood that is quickly turning into a sty.
 
Sorry if I came across in a rude manner but myself and some other home owners all believe the board is just refusing to enforce the covenants because they don't want any complaints. No one believes they have even spoken to the lawyers and if I had the time, I would have run but I have too many things going on at work. I guess my question is, if we are right and the board just isn't doing anything, do we have cause to get an attorney and sue the board.

You and your friends can HIRE a lawyer and instruct the lawyer to investigate whether the board's assertions are true.

However, the board is elected to represent the homeowners, of which you are but one.
The board need not do as you demand, instruct, or desire.
You and like minded homeowners can find a person t be your voice.
That person and others can run for the board and change things.
Heck, you can even recall the board, maybe.
Some HOA covenants allow members to recall the board.
You have options, but those options take time.
Therefore, it might be better to convince the board to see things your way.

But, the HOA can't force the police or sheriff to act.
The HOA can hire off duty cops to write tickets.
Be prepared for a backlash, if the majority disagree with your view.

Your plight is why I would never own a home in any place under the thumb of others.
Its enough that some governmental entity has a thumb over my home ownership rights, much less some neighbor who sees himself or herself as the next governor or senator from your state.
 
Not only are they not enforcing parking covenants, they are not enforcing landscaping covenants, and satellite dish covenants.

This is simple. It has nothing to do with authority. Your board is CHOOSING not to do anything.

The solution isn't a lawsuit (which will be expensive and ultimately paid for by the homeowners, win or lose), the solution is to replace the board with people who WILL choose to enforce the covenants by fining and towing.

if I had the time, I would have run but I have too many things going on at work.

There it is. You want things to change but you have too many other things to do so you don't want to jump in and get your hands dirty. I imagine your neighbors are just as apathetic.
 
But it can impose reasonable limitations on the where and the how.

As long as it can get signal... I know when i moved where i live now. NOT a HOA... as i would never live in a HOA area. They had covenants that stated no dish or ant's.... I put up both a dish and ant so that i can have tv in case of storms.
 
Agree. The answer here is to replace the board members.
As for towing from a public street- I see that as a major no-no if there is no clear violation of vehicle code that permits it. The best HOA could do is fine someone who violates their rule, but towing cars could end up costing the HOA and the person authorizing the tow.
 
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