Legal Question in Landlord & Tenant Law in California
Public Street Parking
I live in an HOA that currently has a 72 hour rule for RV parking, even on the public streets. They are proposing a rule change to limit the parking to 48 hours, you must call or email with the time frame you will be parked, and you are only allowed to park in front of your residence. They are also adding ''For Loading and unloading only''.
Can they make such a drastic change without stating what the previous rules were, and can they enforce parking on a Public Roadway in California?
2 Answers from Attorneys
Re: Public Street Parking
Mr. Linden is correct.
Also, HOA's are basically ignored by the courts, and permitted to function on their own. I have seen some that make incredibly bad rules, and they stand up.
Re: Public Street Parking
The changes inside your HOA depend on the wording of the HOA Agreement, every one is different, but it probably gives them the authority to change the parking requirements inside the HOA.
As far as the rules for the public street...no, the law allows a vehicle to be parked for 72 hours before it is considered abandoned, unless posted otherwise.
Sounds like your HOA could use a good lesson in the law...but most do...they sit on their board and dictate rules...
But, to answer in a nut-shell, read through your HOA By-Laws and see what regulations and authority they have over parking. In mine, they only allow a vehicle to be parked in front of the owners garage while the garage is open and there is NO VISITOR parking...AT ALL...subject to IMMEDIATE TOW...so...it could be worse...believe me...it could be worse.
If you need assistance, please feel free to contact me through the info provided by LawGuru or through one of my firm's informative websites such as No-Probate.com and/or RulesOfEmployment.com.
Scott
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