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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33717
Experience:  15 years real estate, Realtor. Landlord 26 years
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We have city owned and maintained streets in our subdivision

Customer Question

we have city owned and maintained streets in our subdivision (in Georgia). We have a no street parking rule in our covenants. City ordinance says cars can park on street as long as they park according to city ordinances. City police say they will enforce city parking code on our streets but will not enforce HOA covenant rules because if they did it for our subdivision they would have to do it for all. Can the HOA enforce their NO street parking rule and if they can (legally) how would they have to do it if the police will not?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

Can the HOA enforce their NO street parking rule and if they can (legally) how would they have to do it if the police will not?

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Unfortunately no, since the city owns and maintains the streets, they have full jurisdiction over them and the HOA wouldn't have any legal standing to enforce any laws over property that it doesn't own. If the HOA was to tow cars that were in compliance with city ordinances, it could be sued because it can't have rules that are in conflict with city, state or federal laws as those trump any rules that the HOA might put in place. If the HOA had maintained ownership and control over the streets in the neighborhood, then it could impose any rules that it wanted to as they would be privately owned by the HOA.

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So there is the trade off...when the streets are dedicated and transferred over to the city, you get city maintenance and services. But the HOA gives up control over those streets and the owners incur the additional tax bills for that city maintenance.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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