Massachusetts 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

If there are no curbs or access barriers, the signs must be posted not fewer than one sign for each 25 feet of lot frontage. b. The notice must clearly indicate, in not fewer than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense.

Florida law gives you the right to have vehicles (or vessels) towed from your property without the vehicle owner's consent if they are parked on the premises without permission. You will not be held responsible for any costs or damage associated with removing, transporting, and storing the vehicle.

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.

Condominium associations may only tow vehicles from common element property, or property that they own in their corporate capacity. Associations may not tow vehicles from private lots or driveways or from public streets.

Maintaining Common Areas: The HOA assumes responsibility for common areas whether green spaces, amenities, or community buildings. They repair any damages, replace or upgrade systems, and ensure proper aesthetics and safety.

The HOA generally cannot regulate parking on public streets. A public street is defined as any road that is owned and maintained by the government and is open for public use.

Inconsistent, Arbitrary, or Capricious Enforcement. Even a validly enacted, substantively sound covenant can be nonetheless unenforceable if the HOA's enforcement is procedurally improper, or is conducted inconsistently or for an inappropriate purpose.

Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.

Yes, homeowners association bylaws are generally legally binding and enforceable. Typical provisions found in homeowner association bylaws include: Frequency of board meetings. Meeting and quorum requirements.

Can I Sue For Illegal Towing In Florida? If you suspect you or your loved one have been towed illegally, file a criminal complaint with your local law enforcement agency. Report which provision of state statute 715.07 you believe was violated.

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Massachusetts Parking Rules and Regulations of Homeowners' Association