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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
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.
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.
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