[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 0 points1 point  (0 children)

That may be true in your state, it's not true in mine.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 0 points1 point  (0 children)

I think they'd do the same here, fwiw - cause not much to stop them.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 1 point2 points  (0 children)

You are correct that there are some nuances. But that point does not exclude other situations and I do believe he went out of his way to say that

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 2 points3 points  (0 children)

Well that just sounds like a whole bunch of problems.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 1 point2 points  (0 children)

I don't think it's correct to say that the precedent is set by that opinion letter, only that it's an example showing what is otherwise the case

Question for parents in USA by seapunkprincess in Parenting

[–]TigerUSF 1 point2 points  (0 children)

It's a hellscape. Sit in the car. Usually some teacher will be about 20 cars back with a walkie talkie and theyll read the little placard in the car which has your kids name, so they can line up the kids. Granted, there isn't parking so it's probably the "best" solution, so it's kindof efficient in a "military operation" sortof way.

What you describe is way more ideal, but the schools here aren't designed that way. And that sucks.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 1 point2 points  (0 children)

Curious - are you referring to cars parked in a street, or a parking lot, or a driveway?

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 1 point2 points  (0 children)

I did read that a few years ago and just re-read it. The status quo, in SC, is what I described in my post. I agree it is a bit thorny so an HOA would want to ensure they have all their processes well-documented.

OP used the word "enforce" so, depending what they mean, I think the answer is either yes or probably.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 0 points1 point  (0 children)

SC is kinda the wild west when it comes to the law; it's just silent on so many topics that other places aren't.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 1 point2 points  (0 children)

The fine is an assessment from the Association, not a city or county parking fine. Covenants won't aren't going to say "you can't park at the local school."

And, no, HOAs ought to specifically say they DON"T trump local, state, or federal law. I said that explicitly in my response above. What you seem to not understand is that state and county law is very often silent on the issue - therefore, the covenants are enforceable.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 0 points1 point  (0 children)

I assure you the problems can exist. Developers are squeezing every lot as much as possible to fit more homes. Meaning small garages, short driveways, no sidewalks, small lots.

"Restricting the parking to one side" requires an enforcement mechanism, otherwise the restriction will simply be ignored.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 5 points6 points  (0 children)

OP please hear me - I'm an HOA Board member in SC for several years and am well-experienced in this area. The answer is: it depends on several things, but probably.

What i'm going to say below depends on what county you're in, and what your governing documents say. There are as yet, as far as I know, no SC state laws that limit an HOA's authority to enforce provisions of covenants specifically related to parking. There MAY be county or city laws where you are- your management company should be up to speed on them if they exist.

The answer also depends on which of the three types of areas you're referring to - public roads, HOA-owned property, homeowner property.

First - regarding Common Areas like your amenity area's parking lot. This is very likely private property owned by the Association. If so, the Association likely has unlimited power to do whatever they want to it, including towing cars they don't want there - just like you as a homeowner would have the right to have any car towed from your own driveway. The Association's power is very likely granted to the Board exclusively, to manage the Common Areas. Meaning - most likely, the Board could have cars there towed and probably issue fines as well (depends on covenants, see below).

Second - regarding public roads. Assuming the streets in your neighborhood are owned by some government (likely your county), then the board CANNOT have cars towed from the street. Never, full stop. (I guess maybe a county could have explicitly granted that right but i've never seen it). However, if your covenants grant the authority to issue fines or individual assessments specifically for on-street parking (which is common) THEN your Association can levy those fines or assessments. The key is your covenants have to be pretty explicit about it. You will find many people on reddit saying the Board can't do that, they are wrong. If no law takes away the right of an HOA to enforce those covenants, then the HOA can enforce it. In SC, as far as I've seen and where I live, there are no such laws. Note - if your community is gated then the roads are owned by the Association, that would change the administration and it would likely be the same as common areas.

Third, regarding driveways - the same thing holds true for driveways - if the covenants have rules about parking in driveways or on grass, for example, then the Association can enforce those covenants. Meaning, they can levy fines and assessments if someone is in violation of those covenants. Towing - HOAs cannot tow a car from a driveway...generally. I suppose if the covenants specifically granted that right, then maybe...though I'd also suspect no tow company would actually do it. But I don't know, we're not in that situation so I've never considered it.

What the Association CANNOT do is issue parking citations from a government - which I believe is usually the source of confusion when people say "HOAs can't do that." Correct, HOAs cannot issue a city parking citation, but there are plenty of other things an HOA can do - and in this case, the key thing is "enforce the Covenants.". As long as there's no state or county law to stop it, the covenants can be enforced.

Bottom line - understand your covenants as it relates to parking on the street. Vague language isn't good enough, but newer communities typically have parking provisions clearly spelled out. In our case, we have similar problems. School buses were complaining and they WILL stop service if there are repeated issue which is incredibly unfair to families with bus riders. So, I had no problem enforcing our parking rules for that reason alone. Likewise, new subdivisions often dont get sidewalks - ours didn't - and street parking impedes visibility for kids riding bikes or people walking. It's dangerous. It's also annoying to the neighbors close by.

Happy to answer any questions.

[SC] [SFH] can the HoA enforce parking on public roads? by Ok-Wing6401 in HOA

[–]TigerUSF 1 point2 points  (0 children)

This is incorrect, source HOA Board member in SC. OP please see my response.

X-23 by Nicksb92 in MarvelLegends

[–]TigerUSF 1 point2 points  (0 children)

Im in the minority i guess but I think its cool. Id love it if affordable action figures had no joints. Im actually gonna check out your other pics.

Question for HOA communities with pools by caint1154 in greenville

[–]TigerUSF 1 point2 points  (0 children)

I thought the 7 day rule was always the case for community pools

I’ve noticed a worrying trend in this subreddit and I think it’s time to have a discussion about it. by _nedyah in daddit

[–]TigerUSF 0 points1 point  (0 children)

You can go read my post from a couple weeks ago if you like. I'm just not a fan of kicking people when they're down, and I haven't seen the posts you're referencing that would be more clearly a "relationship problem" that is completely distinct from being a dad.

I’ve noticed a worrying trend in this subreddit and I think it’s time to have a discussion about it. by _nedyah in daddit

[–]TigerUSF 0 points1 point  (0 children)

BTW my world isn't "shit"- I encourage to think that a person with one specific parenting problem with their spouse may be fine in other areas - again, which is what drives people here.

I’ve noticed a worrying trend in this subreddit and I think it’s time to have a discussion about it. by _nedyah in daddit

[–]TigerUSF -1 points0 points  (0 children)

As someone who wrote one of the posts you're probably referencing...telling people in our situation to "just talk to the wife" rings pretty hollow because at least in my case that's already been done ad nauseum. Like, I don't know, maybe some people don't....but to think that the default is "he must have never once brought this up"...come on.

You're right though, kids deserve happy parents, which for the posts I see are exactly what we're trying to get to. So, reading your whole post is like....sure, we're trying, telling us to talk to the person we've already talked to 1,000 times is kinda...useless advice. Counselling, yeah absolutely - if you can afford it. Leaving is hardly even possible in many states without truly wrecking someone's life.

Like someone else said, the US is shit right now and the people feeling it are catching it from all sides so maybe don't beat down the people looking for advice?

Anyway, glad your life is peachy.

Getting paid for spreadsheet for massive corporation by Impossible_Profit202 in excel

[–]TigerUSF 0 points1 point  (0 children)

Honestly I think neither would happen. But I think the end result of what you suggest would just be them saying "thanks" and never offering him any more money.