Florida HOA parking rules: Your complete guide

Understanding Florida's HOA parking laws (Section 720. 3075, FSA and House Bill 1203)

Florida’s HOA parking laws, House Bill 1203, which revised Section 720.3075 of the Florida Statutes, revised limits homeowners associations' ability to regulate certain personal vehicles in driveways and other designated parking spaces. The revisions to the law, which took effect July 1, 2024, may prevent HOAs from prohibiting owners, tenants, or their guests from parking:

• A personal vehicle, including a pickup truck, in the property owner’s driveway or in any other area where they have a right to park.
   
• A work vehicle, which is not a commercial motor vehicle, in the property owner’s driveway.
   
• Their assigned first responder vehicle on public roads or rights-of-way within the homeowners association.

The law does not give homeowners unlimited parking rights. HOAs can still regulate parking in common areas, restrict oversized commercial vehicles, and establish reasonable HOA rules for guest parking, fire lanes, and safety zones. These rules must be clearly outlined in the association’s governing documents to be enforceable. This legislation reflects growing concern among homeowners about overly strict parking policies, and board members should review their current rules with management and legal counsel to confirm compliance.

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 parking rules?

Florida HOA parking rules are guidelines set by a community’s governing documents — typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and recorded rules or regulations — that dictate how vehicles can be parked within the community.

HOA parking rules often address where owners and guests can park, how long vehicles can remain in certain spots, and what types of vehicles are allowed. Rules can vary widely depending on whether the community has private or public streets, shared garages, or assigned parking spaces.
 

Examples of HOA parking rules in Florida

Florida HOA parking rules can vary, but most communities adopt policies designed to keep shared spaces safe and accessible. Common examples include:

• Commercial vehicle restrictions: HOAs may have the right to ban or limit parking for certain large commercial vehicles.
   
• Guest parking rules: Many communities require guest permits or limit the length of time a guest may park in common areas.
   
• Fire lanes and safety zones: Parking in fire lanes, near hydrants, or in emergency access zones is prohibited.
   
• RV and boat parking: Most HOAs restrict long-term parking for RVs, boats, and trailers, but temporary loading or unloading is typically allowed.
   
• Assigned or numbered spaces: In communities with assigned spaces, parking in another owner’s designated spot is generally prohibited.

Every HOA is different, so it’s important for homeowners to review their community’s parking rules before making assumptions about what is allowed.
 

Creating Florida HOA parking rules: What to consider

Does your association have jurisdiction on the roads in your community?

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 be able to impose fines or tow vehicles that are illegally parked on it. 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 property management company to help you determine what jurisdiction you have on the roads in your community.
 

Are there any state or local laws that may impact your Florida association’s parking rules?

Always check state and local laws before creating HOA parking rules. Your county may also have local laws or ordinances that affect how your community is able to deal with parking and how you can enforce community rules. Check with your association attorney if you are unsure which laws apply to your association’s rules and regulations. FirstService Residential has a vast network of resources and keeps up to date with the latest federal, state and local legislation that could impact the associations we serve.
 

Are the parking rules in your governing documents easy to understand?

If your governing documents don’t spell out the parking policy in a clear, easy-to-understand language, residents may get confused about what constitutes a violation. At the same time, an overly strict parking policy, like any harsh policy, can cause headaches for everyone. Save your residents and fellow board members a lot of frustration by creating a parking policy that includes:

• 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. For example,
   
  • Handicapped spots
     
  • Loading zones
     
  • Fire hydrants
     
  • Guest parking
     
  • Vehicle restrictions


• 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 association’s 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, you should involve your association’s attorney to support compliance with local, state, and federal law.
 

Do you frequently communicate parking policies?

While your association’s governing documents should be updated with the latest parking policies so that residents can refer back to them, you should also communicate them on a regular basis. As with most information, “out of sight, out of mind” often holds true. Instead of expecting homeowners to check the rules and inform their tenants and guests, your board should reinforce your parking policy frequently. 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. 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 train the staff to enforce rules fairly and without any bias."

Debby Wolf, regional director for FirstService Residential

Read more about policy communication best practices and work closely with your association management company to determine the most effective communication methods for your community.
 

Do you fairly and consistently enforce parking policies?

To maintain a solid reputation with residents and owners, enforce your parking policy 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.
 

How a property management company can support HOA parking rules

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 to make all residents aware of the parking policy. Having a good HOA parking policy in place and helping your residents understand it can minimize parking problems and help maintain a safe environment for your community.

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.