(CHEROKEE LAKE REALTY WRITES A WEEKLY COLUMN FOR THE GRAINGER COUNTY JOURNAL NEWSPAPER. THIS WAS A RECENT QUESTION ASKED BY A READER.)
As soon as I read the word “legal” my first word of advice is for you to talk to an attorney. I am not an attorney. So please keep this in mind as I give my opinion. And you know what they say about opinions.
By the way, I respect the fact that you do not wish to name your HOA. The last thing you probably want is to make issues that are currently private, public. It’s always best to settle matters amiably, without attorneys, and also not get other residents involved.
The first thing I would do is to read the covenants and restrictions of your HOA that you agreed to follow by residing in this community. Do they reference anything about where you can park and most importantly where you cannot park? If not, then that may be in your favor when you discuss the situation with them. Now I am assuming that you have already done this. Typically, you would get a knock on your door from an HOA representative before they escalate the matter and send you a letter.
OK, let’s say that the covenants read that you can’t park on the street. More than likely this matter will come down to who owns the street. Does the HOA own and maintain the streets? Or does the city and/or the county own the streets which make them open to the general public? If so, then these are public roads even when they run through a gated or restricted community. An HOA cannot regulate streets it does not own. These streets now fall under the jurisdiction of local and state traffic laws. For example, not blocking someone’s driveway with your vehicle or parking in front of a fire hydrant. If you have the right to park on the street according to local laws, the HOA may have a difficult time overriding this through its covenants. Bottom line, read your HOA documents and continue your dialogue with your HOA. Compromising is always your best option. But do know your rights and if you feel they are being encroached on, then consult an attorney. Listen, it could always be worse. Years and years ago I lived in a community that did not allow you to park any type of pickup truck, commercial or personal, on your driveway after 5:00 pm. It had to be parked inside your garage. Imagine trying to tackle that.
