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Posted byu/[deleted]1 month ago

Advice needed: re parking violations in HOA in Texas

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level 1
· 1 mo. ago
🏘 HOA Board Member

Here’s how my hoa dealt with this.

  1. All owners are required to display a numbered sticker on their car so we can identify cars owned by HOA members. All owners have a couple of guest passes.

  2. Cars on the street with no sticker get a warning sticker on the car and we make note of the plate. After two warnings, we tow.

Both items needed a simple board majority to add to the rules and regs.

4
level 2

Thank you!

1
level 1

We have a comprehensive Parking Enforcement Policy in addition to the CC&R’s. We don’t bother with fines. We have tow enforcement signage at the entrance to our private drive/road that has all the required verbiage per city and state regs and is a regulatory size.

Our enforcement policy states (among other specific things) parking in red zones and blocking vehicles is an immediate tow. Others abusing guest parking etc can be an immediate tow in our state, but we prefer to sticker with 96hr notice. However if someone continues to abuse guest/open parking after they’ve gotten stickered before, we can tow immediately. After we enacted the new Policy, we rarely have issues.

You don’t need to know who owns the vehicle, but you do need the license plate, VIN (if visible), make and model of the vehicle along with the agent’s signature for auth/release to tow. That’s typically a board member and/or your property manager.

Oh and tow and storage fees are on the vehicle owner, not the HOA.

3
level 2

Sounds like an effective and reasonable policy! Thanks for sharing.

1
level 1
Comment deleted by user · 1 mo. ago
level 2

I don’t blame you!

1
level 1

If it’s private, cannot you/HOA get it towed?

I know it is mean to tow cars, but if other measures don’t help…

2
level 2

I can’t. It has to be approved by the Board, and they won’t tow until they can send a series of warning letters and fines to the owner of the home to which it belongs (or where the guest is staying) which can take months! It’s ridiculous.

0
level 1
· 1 mo. ago
🏘 HOA Board Member

Personally, I would demand that the President cite the specific legal statute that prohibits the towing. Either he'll be able to cite it, or he's full of crap.

Keep in mind that there may be some kind of local statute in play for your area. In one of my HOA's, the town adopted an ordinance that the police had to be present for a car to be towed. It was the result of a lot of questionable tows, where the towing companies would tow cars that were legally parked in order to get the revenue. Maybe there's something in effect in your area that the President is referring to.

With regard to the fire lane specifically, I would try taking pictures and sending them to the local fire chief along with an explanation of what's occurring and the contact information for the HOA President. In my experience, it would be addressed fast enough to give someone whiplash.

2
level 2

Those sound like good suggestions! Thanks so much.

1
level 1

Send a certified letter to the board or to each member asking if you rules are arbitrary and also bring it up in the monthly meeting. Fire lanes should be enforced but since it's private road the HOA might need to call a tow truck if you want to be that guy. Fire lanes don't need to be in the CC&R's since that is normal parking rules wherever you go. But it generally is a fine if caught. But bring it up if they aren't going to enforce it what other violations can be ignored.

3
level 2

Thank you so much! Great advice.

3

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Created Jan 9, 2013