In many cases, a homeowners association can instruct homeowners to park in their garage, rather than on the street. A key detail is often whether it is a private or public street. But Texas law does allow for parking restrictions, so HOAs are allowed to set regulations for where vehicles should be located.
This can sometimes lead to disputes with homeowners. If someone has used their garage to store items other than their vehicles, they may consistently park on the street or in the driveway. But this could be in direct violation of the regulations set down by the HOA, which could lead to enforcement action, such as imposing fines on that homeowner.
Is there anything an HOA cannot regulate?
Yes. Though there are exceptions, there are a few general areas that HOAs cannot address or prohibit under Texas law. This includes:
- Grass issues during water restrictions
- The possession of firearms
- Setting up lemonade stands
There are other areas in which an HOA cannot prohibit specific actions, but may be able to establish certain regulations. These include the use of political signs, display of the American flag, the use of rain barrels or composting systems, solar energy devices and much more.
It is important to understand the intricacies of the law, but for something as simple as where vehicles can be parked, HOAs often do have the ability to set up restrictions that homeowners should be aware of when they move into the community.
Resolving a dispute
In some cases, homeowners will get into disputes with the HOA over parking regulations, fines and related issues. At this time, it is important for those involved with the organization to know exactly what legal steps they will need to take.
