Virginia 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

To check the corporation status of a Virginia association, visit the Virginia Secretary of the Commonwealth. Virginia Common Interest Communities (Title 54.1 Professions and Occupations, Chapter 23.3). Establishes the Common Interest Community Board and Ombudsman and sets manager licensing requirements.

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.

Can HOA enforce no parking on street? It depends on whether the street is public or private. In most cases, associations have no authority over public streets. Therefore, they can't really say whether or not members can park there unless state laws say otherwise.

The Virginia Real Estate Cooperative Act regulates cooperative ownership in the state. You can find it under Title 55.1, Chapter 21 of the Code of Virginia.

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.

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.

Fortunately, you can, with the help of an attorney. You should be aware of the following: The law may be on your side. HOA members have certain rights under the Virginia Property Owners' Association Act and the Virginia Condominium Owners' Association Act.

Do I have a right to know the names of the people who lodged the complaints? A: You can ask, but they are not required to tell you. Some HOAs will take anonymous complaints.

Yes the HOA has the right to go onto your property. They can also have permission to actually go onto your property and mow your lawn if you do not take care of it.

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Virginia Parking Rules and Regulations of Homeowners' Association