California Homeowners Association
California HOA About Us Our Services Contact Us Recent News & Events
Small Association Modified Management HOA Election Services Preferred Vendors Financial Services Consulting Services HOA Corporation Organization & Administration
Click here to read details about our memberships Click Here to Learn About Our Election Services Click here to read our newsletter
Assessing Fines and Penalties
Electronically Recording Meetings
Termite Responsibility
HOA Governing Docs.
Electric Cars
Alternative Dispute Resolution
Internal Dispute Resolution
Amendments to Declaration
Ammending Association Documents
Board Members – Owners
Board of Directors Duties
Certified Property Manager
Code of Ethics, Duty of Care
Common Area
Common Interest Development
Community Association Administration
Community Associations Are Corporations
Construction Defect Litigation
Corporations Defined
Display of Noncommercial Signs, Posters, Flags or Banners
Documents to be provided to prospective purchaser
Documents to Owners & Buyers
Election Law
Fertilization and Weed Control
Fire Extinguishers
Fiscal Duties of the Board of Directors
Flag of the United States
Property Manager Satisfied Certification Requirements
HOA's are Corporations
Homeowners Associations Election Law
Letter-Appointment Management Company
Licensing HOA Property Managers
Living in a California HOA
Management of Funds Received by Managing Agent
Notice of Meetings
Notice to Association Members
Open Meeting Act
Parking Rules
Parliamentary Procedure
Penalty Policy for Violation of Governing Documents
Pest Control
Pets - Responsibility for Pets
Playground Equipment
Pools - Public Swimming Pools
Posters, Flags, Banners
Powers and Duties of Board of Directors
Property Taxes
Repairs - Who Pays?
Rules of Order - Formality
Sample - Association Bylaws
Sample-Covenants, Conditions & Restrictions
Senior Housing Requirements
Using Reserve Funds
Vehicle Parking Policy
Vehicle Towing
Video & Television Dishes
Voting Members
California Homeowners Association
Adjust Text Size Email Us Print this page

Parking Rules

Enforcing Parking Rules On Public Streets

By Denise D. Ige1; Esq. of Feldsott, Lee & Feinberg

Many community interest developments contain streets which are public even though the rest of the association is privately owned. This gives the homeowners association the advantage of streets which appear private, but are maintained by the city using city funds. The problem, however, is that the benefits do not come without pitfalls. The city often does not respond to requests to tow vehicles that are parked in violation of city or association rules.

What is an association to do? Well, this is a tough one because the California courts and legislature have yet to address the issue publicly. In an unpublished decision written by the California Court of Appeal in 1978, the court found that the association had the authority to enforce its own parking rules in public streets if the CC&R’s stated that the Association had this authority. Likewise, a published Missouri case came up with the same results. However, neither of these sources can be relied on as the “law of the land”, and are instead only facts that can be used to guess how a court would view this issue. What we do know is that the parking rules, like any other rules, must be reasonable if they are to be deemed enforceable.

Likewise, the Association must have the authority to adopt the rules, and the association must comply with the vehicle code if it intends to tow the vehicles for violations of the rules. The Board of Directors may also want to appeal to the city council for help. The city council may be able to pass an ordinance which is similar to the association’s rules. If this happens, the city may enforce the parking regulations instead. If the city council is uncooperative, the Board should consider contacting the local assembly person for assistance.

VN:F [1.7.5_995]
1452 W. 9th Street # 3  Upland, CA 91786

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Address: 440 E. Huntington Drive, Suite 300 Arcadia, CA 91006