Can HOA Restrict Parking in a Driveway? What You Need to Know

In homeowners' association (HOA) communities, rules can extend to almost every aspect of your property, including parking. HOAs often stipulate that vehicles must be properly licensed and insured, and may impose rules that can restrict parking in driveways. But is an HOA legally allowed to enforce such restrictions, and what happens if they tow your car from your driveway?

Understanding HOA Rules

Homeowners' associations exist primarily to maintain the quality and value of the neighborhood. They do this by enacting and enforcing regulations that cover everything from landscaping to painting the exterior of your home. However, some of these rules can impact your daily life, such as parking requirements in driveways.

It is indeed possible for an HOA to restrict parking in driveways. HOA bylaws typically detail what is and isn't permissible within the subdivision. These documents often include guidelines about vehicle storage, registration, and insurance. If your car is not registered, insured, or not parked appropriately, the HOA may issue a citation or even have your vehicle towed.

The Case of the Towed Car

Let's take a closer look at a real-life scenario that illustrates this issue. The author of this article had a car parked in their driveway, but the details were not entirely visible since the car was consistently parked with the front facing the garage. A city worker, claiming to be checking licensing and insurance, informed the author that cars in driveways needed to be properly registered and insured, even though the state only legally required a rear license plate.

When the author returned home from shopping, they found their car had been towed, and subsequently, a devastating fire had damaged the vehicle. The cause of the fire remains unknown but was exacerbated by water damage from the towing process. As a result, the car was a total loss, making a claim with their insurance company a necessity.

The author's car was a luxury convertible that had been well-maintained. However, because of the circumstances, the insurance company only offered a payout of $2,400, despite the car being nearly brand new.

Protections Against Enforcement

While an HOA can enforce rules regarding parking in driveways, these organizations must adhere to legal standards. If an HOA goes beyond their authority, homeowners may take legal action. Additionally, homeowners can seek legal advice to understand their rights and potentially negotiate better terms.

For instance, if an HOA attempts to tow a vehicle without proper justification or procedure, legal action can be initiated. It's crucial to document all interactions with the HOA and keep copies of any communications.

Alternatives to HOA Restrictions

Sometimes, an alternative approach can be found. As illustrated by the neighbor who faced a similar situation, there are solutions that allow car owners to comply with HOA rules while maintaining their lifestyle. For instance, an enthusiastic car enthusiast could:

Install a temporary fence or barrier to block the view of the vehicle from the street. Place tall plants or foliage around the driveway to obscure the car. Construct a detached garage to store the vehicle securely. Find professional assistance to keep the car out of sight while it remains functional.

By employing these strategies, car owners can continue to enjoy their vehicles without continuously risking fines, citations, or, worse, property damage.

Conclusion

In summary, homeowners' associations do have the authority to restrict parking in driveways according to their bylaws. However, there are measures in place to protect homeowners' rights if such rules are enforced inappropriately. It's essential to remain informed about your HOA's regulations and to seek advice if you face enforcement that you believe is undue. Furthermore, creative solutions can help homeowners maintain their lifestyles while adhering to community rules.