INTRODUCTION
HOAs in California can wield significant power over the properties of their members. From regulating architectural styles, to enforcing community guidelines, the stated purpose of HOAs is to preserve property values and maintain a uniform aesthetic. This, however, inevitably results in a constant state of tension between HOAs and their members. And amongst the most common sources of contention in the area of HOA governance are parking regulations.
While parking regulations/restrictions within an HOA-governed community are often implemented with good intentions—namely to service HOAs’ above-stated purpose—they can and do spark significant conflict between homeowners and their associations, particularly when the parking restrictions are perceived as being overly restrictive or unfairly enforced.
COMMON TYPES OF PARKING RESTRICTIONS
In California, HOAs have broad discretion to promulgate and enforce rules that are reasonably related to the operation and maintenance of the community. (See Civ. Code, § 4350.) HOAs derive that authority from a combination of state law (e.g., the Davis-Stirling Act, the set of laws found in the Civil Code governing HOAs in California), municipal codes, and the governing documents of the community—the most important of which are the CC&Rs.
For the most part, HOA parking restrictions fall into a few broad categories, including: (i) vehicle type (e.g., prohibiting parking of certain vehicles such as RVs, boats, trailers, or commercial vehicles); (ii) parking location (e.g., designating specific areas where residents and guests can park, and restricting parking in driveways or on streets); (iii) time-based (e.g., limiting parking duration in certain areas to prevent long-term storage of vehicles in common areas); and (iv) permit-based (e.g., requiring owners and/or guests to display HOA-issued permits to park within the association).
- Prohibitions on Certain Types of Vehicles. Many HOAs ban commercial and oversized vehicles (Sprinter vans, duallys, etc.), trailers, and recreational vehicles (e.g., campers, off-road buggies, dirt bikes, boats, etc.).
- Designated/Prohibited Parking Locations / Guest Parking. These types of regulations most frequently fall into two closely related categories: (A) The vast majority of HOAs have rules specifying where residents can and can’t park. For example, HOAs consisting of single-family homes often have restrictions on whether or when residents can park in their own driveways—some associations ban driveway parking completely, while others allow it, but only if there are a designated number of vehicles parked in the garage(s)). Likewise, associations consisting of condos or townhomes often have rules regarding use of partial driveways, designated parking spaces, or the use of street parking. As to the latter issue—street parking—while HOAs absolutely have the power to regulate parking on privately-owned streets, many HOA members are surprised to learn that their HOAs have no authority to regulate parking on public streets. State law preempts that right, leaving such decision-making authority in the hands of state and municipal government agencies). That has not, however, stopped some HOAs in California from enforcing provisions in their governing documents restricting HOA members from parking on adjacent public streets. While such provisions are legally unenforceable, homeowners who never challenge the provisions never discover that fact. (B) Although you see this most commonly in associations consisting of condos and townhomes—a lot of HOAs have rules regarding where guests are permitted to park. Sometimes those rules simply designate certain portions of the common area as “guest parking,” while other HOAs go so far as to ban homeowners from parking in such designated guest spots. And still other HOAs have a simple “first come, first served” set of rules when it comes to common area parking.
- Time-Based Rules. HOAs frequently implement time-based rules to prevent long-term storage of vehicles. For example, HOAs often have rules limiting a vehicle’s presence in a particular parking spot to, say, 48 hours.
- Permit-Based Systems. Although not as common as the other forms of parking regulation, a number of HOAs have instituted a permit system—especially in communities with limited parking spots. Such communities require owners to display parking passes in exchange for the right to park in certain portions of the common area. You’ll often see these types of regulations in homes near the beach.
THE IMPACT OF PARKING RESTRICTIONS ON HOMEOWNERS
While parking restrictions are intended to maintain order and manage common areas effectively, they can have significant impacts on homeowners.
Inconvenience and Limited Flexibility
For homeowners, parking restrictions often create logistical headaches and emotional stress. Families with multiple vehicles may struggle to comply with strict rules limiting the number of cars allowed on the property. Similarly, total bans on driveway parking can force residents to reorganize their garages, potentially displacing storage items or requiring homeowners to obtain offsite storage, which can be costly.
One recent example involved a South Orange County family whose governing documents required: (i) that at least two vehicles be parked in the garage before any vehicles could be parked in the driveway; and (ii) that garages not be used for storage. The HOA member in question had three vehicles—a sedan, pickup truck, and motorcycle. He parked his car and motorcycle in his garage, and the pickup truck on the driveway. He did this so that he could place storage racks in his garage, which left no room for the truck (but plenty for the motorcycle). The HOA chose to interpret their rules as requiring the homeowner to park the truck and sedan in the garage, and the motorcycle on the driveway. The HOA also ordered him to comply with the prohibition on using his garage for storage. The homeowner challenged the HOA’s interpretation of its own governing documents, as well as the reasonableness of their rule regarding storage. And ultimately, the HOA ended up allowing the homeowner to keep things as they were.
Financial Strain
Homeowners who violate their HOA’s parking rules face hearings and fines, which can be extensive, and which can escalate quickly. In certain communities—e.g., in gated associations with a guard—failure to abide by the rules or pay fines can result in a loss of privileges, including preventing a member or his or her guests from using the main gate. And since homeowners must still pay fines even if they’re in the process of challenging the legality of such fines (i.e., California does not recognize an HOA member’s right to offset), homeowners can find themselves having to comply with rules that may not even be enforceable, or alternatively, pay fines that might be unjust and illegal.
Legal Disputes
Parking disputes are often at the heart of litigation between homeowners and HOAs (and in some cases, between neighbors within an HOA).
Community Tension
Strict or selective enforcement of parking rules can (and often does) create significant tension within an HOA. Some homeowners might feel particularly targeted or unfairly treated, which can lead to a breakdown in community relations and harmony.
For example, consider a recent case in Orange County that involved an HOA that had a ban on oversized vans (like Sprinter Vans). Renters in that case—it was their parents who actually owned the home—insisted on their right to own a Sprinter Van. When the HOA pointed out that Sprinter Vans were prohibited because they were too high (the roof extended beyond the height of the first-floor roof) and didn’t fit in with the neighbor’s aesthetic, the renters ignored the HOA’s demands to remove the van. After months and months, with the fines having exceeded $10,000, the HOA was ready to file suit. In the meantime, the rule regarding the Sprinter Van causes an incredible amount of argument and tension between a small but vocal band of members who didn’t like the rule, and the majority of HOA members who did like the rule.
SUMMARY OF WHAT HOAS CAN AND CAN’T DO IN TERMS OF PARKING
For the most part, when it comes to parking regulations/prohibitions, HOAs CAN (within reason):
- Enforce Rules ono Private Streets and in Common Areas. HOAs have authority to regulate parking within private streets and shared community spaces, as specified in their governing documents.
- Prohibit Certain Types of Vehicles. HOAs can restrict certain types/sizes of vehicles such as RVs, boats, trailers, and commercial vehicles, duallys, etc. to maintain the aesthetic appeal of the community.
- Issue Parking Permits. Implementing a permit system for members and guests is within an HOA’s rights, provided the rules are applied fairly and uniformly.
- HOAs can Levy Fines. HOAs can levy fines for parking violations as long as the penalties are outlined in the association’s governing documents and comply with the Davis-Stirling Act.
HOAs CANNOT:
- Regulate Parking on Public Streets. California law preempts HOAs from enforcing rules on public streets unless explicitly authorized by a municipal ordinance or agreement.
- Use the Denver Boot. HOAs cannot use implements designed to prevent a car from being moved (e.g., the Denver Boot).
- Create Unreasonable Restrictions. HOAs cannot enforce rules that are arbitrary, overly burdensome, or discriminatory. Nor can HOAs engage in selective enforcement of their rules and regulations.
- Violate State or Local Laws. Any HOA rule that conflicts with state or municipal parking regulations is unenforceable.
LOOKING AHEAD
The restrictions described above aren’t going anywhere, and will thus certainly play a role in the ongoing conflicts between HOAs and their members. But what does the future hold?
As the State of California continues to grapple with housing density and environment concerns, parking policies in California HOAs are very likely to evolve. For example, the dramatic increase in the use of electric vehicles, coupled with the Davis-Stirling Act’s explicit protections for HOA members who drive such vehicles, will likely force HOAs—especially those with a lot of common area parking—to adapt with the times by installing EV charging stations and changing their rules to support that shift.
Also, as technology evolves, it will become easier for HOAs to institute digital management systems for tracking resident and guest parking, which could streamline enforcement. Of course, such technology can also be used by HOAs to more conveniently engage in selective enforcement, so the use of such innovations could be a two-edged sword.
CONCLUDING THOUGHTS
HOA parking regulations are a microcosm of the broader challenges facing California HOAs—balancing the need for community order with the rights and needs of the members. While these rules can play a crucial role in maintaining property values and aesthetic standards, they must be applied thoughtfully and fairly to avoid alienating homeowners. By fostering open dialogue, embracing flexibility, and staying attuned to evolving societal needs, HOAs can navigate this complex issue while preserving harmony within their communities.