Does an HOA in a still developing sub-division in Thurston County, WA have the authority to fine homeowners for street parking?

Real Estate 2 views 3 answers
The subdivision is about 50% or more completed. The HOA rules are no street parking at anytime, no formal signage but this policy is given by mail in a book to all new residents. Local municipal rules do not prohibit street parking, except in areas otherwise indicated. HOA is threatening to fine/tow homeowners for vehicles parked on the street in front of their property. Are they legally allowed to do so? I can't seem to find a clear answer on this. Thank you!

Attorney Answers

3
Shawn Alexander ·
I agree with Mr. Nelson and the title to the road is the key. Also the area has to be posted in accordance with the statute linked below. The HOA may find the signs unsightly and fail to properly post. Good Luck
0 upvotes
Eric Nelsen ·
It depends on several factors. If the streets are dedicated to public use then I don't think the HOA can prohibit parking. But if the streets are in fact private ways within a development, the HOA probably can set rules concerning parking on them. In order to figure it out, I think you'd have to look at the plat, the HOA's governing documents, and the CC&Rs for the development. Somewhere within those documents it should state, expressly or impliedly, whether the streets are dedicated or if they're privately regulated.
0 upvotes
Ray C BrooksPersonal Injury LawyerRedmond, WA ·
I agree with the two prior answers, but I would add, it may also depend on your HOA agreement. They may have some additional rights, and if they do, even if they are wrong, you may be in a tough legal battle. HOA's often also arbitration clauses, and in my experience use them to overstep their authority. If you cant live with what the HOA demands, I would recommend that you look to moving.
0 upvotes

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