‘War’s not over,’ says driver hit with HOA fine for parking on own driveway – but new July 1 law makes him a winner
A DRIVER has revealed that he’s anticipating a change to be made by his homeowner’s association regarding a parking rule soon.
The car owner went to Facebook last month to explain that he’s decided to comply with his HOA’s rules until July.
The driver said his HOA had a problem with his car being parked in front of his house but no issue with his neighbor’s similarly large vehicle
The resident explained that a change is coming next month when it comes to the local HOA rules
“Until July 1st when the law changes, I have chosen to comply with my HOA rules of not parking my POS truck in the driveway,” Parker Mitchell stated in a post.
“While neighbors acceptably park their SUVs & cars (under compliance).”
The resident added that his HOA expects him to pay nearly 70 percent more than the legal Florida statute in fines.
“The battle was lost but the war is not over,” Mitchell stressed.
The homeowner even included a hashtag in his post: “#hatedbythehoa.”
Nearly 100 Facebook users chimed in, some saying they’re going through similar situations with their own HOAs.
An individual shared a screenshot of their own post to show that they’re having trouble with their HOA as well.
Someone else suggested that Mitchell reach out to a law firm for a legal stance.
“Morgan and Morgan is who you should ask for advice.”
“Buy a big ol Ford excursion on 40s and park it there,” someone said.
Can an HOA ban street parking?
According to a North Carolina lawyer, an HOA holds the legal right to band parking anywhere - even in a homeowner's driveway.
The trick, says HOA lawyer Mike Hunter, is the deed homeowners sign when they buy a home within a subdivision.
“If you buy a home in a deed-restricted community, you’re obligated to abide by those restrictions,” he told the Charlotte Observer.
“If the restrictive covenants say you can’t park on the street, the board has the legal duty to enforce that.”
Many states are passing laws to limit the power of HOAs, though a majority of states still grant HOAs to enforce their regulations, restrictive or otherwise, however they see fit.
Read more here.
“It’s an SUV isn’t it?!”
“Just need to park the most obscene SUV in your driveway,” another user added.
“Maybe a Ford Excursion or old square body suburban on some monster tires.”
“Maybe you should ask a friend to park their truck in your drive way,” one person suggested.
“Its not yours and they can’t make you put it in the garage.”
Another Florida resident went to social media about her own HOA issue and it’s not uncommon for people who live in neighborhoods with the governing associations to be inconvenienced by the rules.
A Miami, Florida homeowner was forced to drive nearly an hour away from her house to retrieve her car after parking it on the street for only a short amount of time.
She moved her car out of her driveway only trying to provide parking space to those working in her home.
The car owner was punished by her HOA and said the associations “have to be the stupidest thing ever.”
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