A guide to HOA street parking and parking rules

Whether you serve on the board of a high-rise with an underground structure or a single-family home association with street and garage spaces, most Alabama homeowners associations (HOAs) must deal with some sort of parking challenges. From guests parking in resident spaces to residents parking in other residents’ spaces, to commercial vehicles parked in the community overnight, HOA parking issues are at times inconvenient and often contentious.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What are HOA street parking rules?

HOA street parking rules dictate where, when, and how residents and visitors can park within a community. These rules are typically outlined in the community’s governing documents. The goal is to maintain an organized and visually appealing neighborhood while also keeping roads accessible for emergency vehicles, deliveries, and other essential services.
 

HOA street parking rules examples

Common HOA street parking rules in Alabama include:

• Restrictions on overnight street parking
   
• Limits on guest parking duration
   
• Designated areas for resident versus visitor parking
   
• Prohibitions on parking oversized vehicles, boats, or RVs on community streets
   
• Regulations on inoperable vehicles or those with expired registration
   
• Temporary parking allowances for loading and unloading

A well-written, clearly communicated parking policy can help minimize parking challenges and their repercussions, including violations, fines, and towing. Additionally, keeping residents in the know on important policies may also help improve resident/board relations. When residents understand their HOA’s street parking rules (and the reasoning behind them), they may be more inclined to follow them. You may want to send out email reminders, post the policy in a visible location at the property and on your community website, discuss at a community meeting, or include an informative article in your newsletter.

“The best strategy in policymaking is to be proactive,” said Debby Wolf, regional director for FirstService Residential. “The management team can help the board anticipate all possible situations and create rules to handle these; communicate clearly and often to the residents; and support staff training to enforce rules fairly and without any bias.”
 

When can HOAs enforce street parking rules?

Before an HOA enforces street parking restrictions, it must determine whether the roads within the community are privately owned or maintained by the city or county. If the streets are public, the HOA may have limited authority to regulate parking, as enforcement typically falls under municipal jurisdiction. However, if the roads are privately owned, the association may be able to implement and enforce parking policies that align with its governing documents.

Here are a few factors that may determine enforcement authority:

• Private vs. public road designation
   
• State and local parking regulations
   
• Existing municipal parking ordinances
   
• Safety concerns (e.g., fire lanes, hydrants, emergency access)

Alabama HOAs should work closely with their property management company and legal counsel to confirm their enforcement rights and to support compliance with applicable laws.
 

HOA street parking rule limitations

While HOAs may have authority over private roads, they must operate within legal limitations and cannot enforce arbitrary parking rules that conflict with city or state regulations. Here are four essential questions to ask before you create or enforce parking policies:

1. Jurisdiction over public roads

   Before creating or implementing a new parking policy, understand exactly what jurisdiction your community has on its roadways. Your community cannot supersede local or state laws regarding the use of public roads. For example, even if the public road runs through your community, your association may not have the authority to impose fines or tow illegally parked vehicles. In this situation, you will need to contact the city or county that has jurisdiction over the public road and report the problem. If the vehicle poses a threat to the health, safety, or welfare of a resident, blocks a fire hydrant or is parked in a handicapped spot, you can ask that the vehicle be towed immediately. Consult with your association attorney and management company to help you determine what jurisdiction you have on the roads in your community.
    

2. Compliance with Alabama laws

   Always check state and local laws before creating HOA street parking rules. Your municipality may have laws or ordinances that affect how your community is able to deal with parking and unenforceable HOA rules. Check with your association attorney if you are unsure which local laws apply to your association’s rules and regulations. Your management company should help keep you and your board abreast of the latest local laws and ordinances.
    

3. Ambiguities in governing documents

   If an HOA’s governing documents do not explicitly grant authority over street parking, the board may lack the ability to enforce restrictions legally. At the same time, an overly strict parking policy, like any harsh policy, can cause headaches for everyone. Consider addressing these issues in your parking policy:
    
   • Your association’s right to enforce parking regulations and levy fines
      
   • A list of what is and is not allowed, including parking areas that are prohibited by law and rules specific to your association.
      
   • Authorization for your board to grant exceptions and waivers at its discretion
      
   • Information about towing, including the association’s authorization to tow, reasonable notification procedures and the owner’s responsibility for towing-related expenses, if applicable
   
   If any of these details are missing from your HOA’s street parking rules, you may need to update your rules and regulations. Additionally, you may need to update your current policy if it is no longer compliant with current state and local laws, if parking issues have emerged that aren’t addressed by the existing policy, or if changes to your community require additional or modified restrictions (for example, if you recently built a new recreational space that requires limited or hourly parking). As always, consult your association’s attorney to verify that you’re following the law and fairly enforcing the rules.
    

4. Inconsistent or selective enforcement

   To maintain a solid reputation with residents and owners, HOA street parking rules should be enforced consistently and without bias. Don’t give special privileges to certain residents or board members when it comes to observing policies. This practice can stir up bitterness among residents and damage your reputation. In the worst cases, it can even result in discrimination lawsuits.
   
   However, while fair and consistent enforcement is crucial, there may be extenuating circumstances that can affect your ability or decision to enforce (e.g., emergency situations, natural disasters, etc.). FirstService Residential has worked with associations in various crisis situations and has helped associations determine the best course of action to take. Effective communication in these instances is especially important.

Are you equipped with the support you need to assist with parking policies?

A professional property management company with a local presence should be knowledgeable and can share best practices from other communities. This firm should provide experienced, qualified, and well-trained staff to assist your association in enforcing parking rules. The management team can also assist by planning and executing a communication strategy so that residents are aware of the parking policy.

For more information on how a property management company can assist in minimizing parking challenges, contact FirstService Residential, North America’s leading property management company.