Did you receive a Parking Violation Notice?

Have you received a Parking Violation Notice? For a car (or other vehicle) parked on the street in front of your house?

Complaining to the office or one at a time to the board of directors at a monthly meeting will not solve your problem.

It won't be a problem for you. Just email the office that the car is gone.

BUT there is a bigger problem that needs to be addressed. The management staff of the HOA office should not be sending those letters in the first place.

The street on which I live (in Barony Place II) is a publicly-owned street. It is the property of Richland County. The HOA has absolutely no authority over vehicles parked on it. The street is under the jurisdiction of Richland County. RCSD and the State Police are the only police agencies that can address parking violations. The HOA cannot. The street is not, and never was, part of the Common Property of the HOA.

I suspect this is true of your street. I do not know of any street in the Summit that is not a county roadway. 

For your street to be under the authority of the HOA, there would have to be language in the Deed for your street by which the County granted control under the CC&Rs and/or By-Laws to the HOA. To know whether that is present on the Deed, you'll have to look at the Deed.

And so will the HOA. It is up to them to prove that they do have legal jurisdiction. It's not up to you to prove they don't. 

This is not a small deal. The HOA should not be issuing Parking Violation Notices. If you receive one, get in touch with me, and I'll tell you how I solved the problem on my street for my neighbors and for me. Use the contact form on this blog.

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