Pennsylvania 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

What are common areas? Common areas are elements of a property available for use for all tenants or owners. Deeper definition Common areas can include hallways, sidewalks, parking lots, community swimming

Limited common elements may be found within or outside individual condo units. Although they are deemed common, their use is limited to the occupant of the unit. Examples include balconies, (shared) outdoor space such as patios and terraces, and parking lots and garages.

Limits of Authority: Public vs. 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.

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.

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.

In Pennsylvania, if your home is part of an HOA or COA and you fall behind in assessments: The HOA or COA can get a lien on your home. The association typically can charge you for overdue assessments, late charges, interest, fines, various fees, and collection costs. The association might choose to foreclose its lien.

Covenants, conditions, and restrictions (also called "CC&Rs") are used by many "common interest" developments, including condominiums and co-ops, to regulate the use, appearance, and maintenance of property.

Typically, an HOA has the authority to regulate the private streets within its development, but has no authority to enforce parking restrictions on public streets (whether they're in the development or not).

Common elements or common areas are usually defined broadly. They include amenities or spaces available for use by all dues-paying homeowners living in the development. Some examples: park space, pools and beach areas, walking paths, athletic courts and fields, and clubhouses or pavilions.

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Pennsylvania Parking Rules and Regulations of Homeowners' Association