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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
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I live in an Active Adult Community, 55+, Greens of Oakmont,

Customer Question

I live in an Active Adult Community, 55+, Greens of Oakmont, in Denton, TX. Our HOA and Principal Management Company are trying to enforce a generic set of CC&R's put together by the developer. The restriction on parking is that you can't park your vehicle on your own driveway except for temporary periods, and can't park in the City owned street except visitors or guests can park for a temporary period of up to 12 hours. Violators will receive a couple warning letters then the Principal Management Group will access $50.00 fines.This is not a gated community. Main question is can the HOA regulate street parking on city owned street. How can they control who parks on the street and how can they fine a person if someone else parking there car in front of your residence. Maynard Rouse @[email protected]
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 5 years ago.

Jane Doe Deer :

Thank you for contacting Just Answer. I look forward to assisting you.


 


While we write back and forth, please keep in mind that I do not know what you already know or don’t know, or with what you need help, unless you tell me. Sometimes I’m unable to read your entire question until AFTER I write back to you.


 



Although it’s usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


 


I need the following information before I can answer your question:


 


Can you please tell me whether anyone in your HOA has discussed this matter with your city or county parking enforcement authority and, if so, what they said?



 


I'll look forward to hearing from you,


 


Jane Doe Deer


Jane Doe Deer and other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.

Not to my knowledge. I called the City of Denton, TX Attorney twice and left a message asking the specific question if the HOA could enforce this rule on city owned streets and there are no "No Parking" signs anywhere. I never got a return phone call.

Also, this questions was asked at a previous meeting with the Principal Management Group, Board of Directors and Home Owners. We got a written reply to this question at the last meeting from the Principal Management Group. ANSWER: "As a general rule and as provided by Secton 9.5 of the Declaration, any "lessor" requirements by the City does not alter a more restrictive requirement in the Association's governing documents. So, the fact that the City "doesn't require it" does not eliminate the HOA's rule.

I feel this is a vague, run around answer.

Expert:  Jane Doe Deer replied 5 years ago.

Yes, I think you're right.

 

Thank you for accepting. I'll keep writing to you. I suggest that you contact the city IN WRITING, and that your letter should be signed and dated by you and several of your fellow owners, if possible. Keep copies, of course. From what you have told me so far, I can't believe that the HOA would have jurisdiction to govern who parks where on a city or county street. However, the city/county and your HOA may have some type of signed agreement in which the HOA has been given authority over the streets in exchange for something or another. When you write to the government office, ask them if there are any agreements. Ask for a reply within 14 days. Send the letter by certified, return receipt mail (about $5.50). If several people sign, you can split the cost.

 

I'm curious - has anyone who has parked on the street ever gotten towed or a ticket from the city/county? Or just a notice from the HOA? If the latter, it may well be unenforceable.

 

Now, if you don't get a reply, send a certified letter to the mayor or city council or city manager, enclosing a copy of the first letter you sent, stating in your cover letter that you have not received a reply. If you still don't hear back, go to your local media - a consumer reporter at a newspaper or tv station or radio station may be willing to publicize this story.

 

Finally, as a very last resort, a few of you may want to pool your money and hire a real estate attorney who specializes in condos/HOA's to file a lawsuit seeking an injunction (restraining order) against the HOA to prevent them from trying to enforce this parking rule. Don't hire an attorney without first checking references, like you would for any expensive employee.

 

May I be of further help?

 

I'm going to take a break, and will check back in an hour or so.

 

My best,

 

Jane

Customer: replied 5 years ago.
To my knowledge, no one has ever received a parking ticket or even a warning from the City of Denton or any other authority. About twenty home owners have received a letter from the Principal Management Group that parking your vehicle in the street or your driveway is in violation of the HOA parking restrictions. My letter was generic, in stating that on a recent visit to the area my Ford Truck with license plate number was parked either in the street or in my driveway and I'm in violation of HOA rules, and have 14 days to correct the situation. My truck is a Chevrolet Avalance. Needless to say this is a real roaring subject in this neighborhood. The Board of Directors, Principal Management Group are looking at getting these rules changed. Will proceed here per your instructions. Will keep you posted. Thanks
Expert:  Jane Doe Deer replied 5 years ago.
Thanks and good luck!

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