Indiana Parking Rules and Regulations of Homeowners' Association

State:
Multi-State
Control #:
US-1128BG
Format:
Word; 
Rich Text
Instant download

Description

Parking enforcement by the Homeowners' Association (HOA) can be an especially frustrating problem for both boards and members, because it concerns one of the most valuable items in a homeowner's possession: their vehicle. Most HOAs have rules for parking laid out in their Covenants, Conditions, and Restrictions and rules, typically covering restrictions such as: (1) What types of vehicles are allowed (commercial, recreational, etc.); (2) Where members may park; and (3) How long a vehicle may be parked in one spot.
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FAQ

Call an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.

HOA LAWS AND REGULATIONS Victims of housing discrimination can file a complaint with the Indiana Civil Rights Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in federal district court within two (2) years of the discriminatory act.

Texas law does not automatically give a property owners' association the right to impose fines or use a self-help remedy. These powers must be granted by the declaration of covenants, conditions, and restrictions.

Remember that your HOA cannot impose fines or tow away vehicles that are illegally parked on public roads, even if those roads run through your community.

But some homeowners say the state needs to do more about HOAs that overreach or who aren't following the rules. An estimated 970,000 people in Indiana live 4,800 community association, paying $1.3 billion a year to maintain those neighborhoods, according to the Community Associations Institute.

Indiana homeowners associations are governed by the Indiana Homeowners Associations Act, which can be found at Indiana Code 32-25.5 (the HOA Act). The HOA Act is applicable to all non-condominium associations.

How to Find the Homeowners Association Associated With Your AddressCC&R Recorded with the County.Find the Name of Your Community.Visit the State's Corporation Commission.Check You Have the Right HOA.Use Paid HOA Locator Services.

On private streets, associations can restrict the number of vehicles, prohibit or limit parking of commercial or recreational vehicles, and restrict street parking. The HOA generally cannot regulate parking on public streets.

Private Streets. In general, parking restrictions contained in the CC&Rs, which are filed in the real estate records and run with the land, are legally enforceable on private streets. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law.

Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.

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Indiana Parking Rules and Regulations of Homeowners' Association