Enforcement of Parking Restrictions
Do you live in a subdivision that has rules regarding parking on the street, or in special parking areas, and there is always one member who takes advantage of the space and parks in violation of the rules? You are not alone as that is a common occurrence. The issue is enforcement. This article addresses the enforcement of those parking restrictions.
Most homeowner associations (“HOA”) have declarations, covenants, and restrictions (“Declarations”) which govern the use of the common areas within the subdivision. Among those Declarations are parking restrictions. But even if you don’t have Declarations in place in your subdivision, you and your neighbors can address those vehicles that sit on your street for days on end.
The first step will be to identify whether your subdivision roads are private or public. If the roads in your subdivision have not been adopted by the local government, they are private in which case the restrictions of the Declarations control whether vehicles left in the common areas can be towed. If the streets are public, have been accepted by the local government, then the state laws control when a vehicle can be towed.
Vehicles Left on Private Property: When the street or parking lot where the violation is occurring is a private road or parking lot, the enforcement becomes troublesome. Who has the authority to tow such vehicles? Will the police or a towing company tow a vehicle that is illegally parked in the common areas? There are some enforcement provisions outside the context of the Declarations, but they are limited.
Under Tennessee law, abandoned vehicles can be towed by the HOA, as the property owner of the common areas. In this case, the HOA must have Declarations, or some formal document forming the HOA and giving it authority over the common areas. Typically, the common areas include the streets and parking areas, and often even driveways. The key issue is what constitutes an “abandoned vehicle.” The definition of “abandoned” under state law is very broad.
Tennessee law provides the authority to tow an abandoned vehicle left on private property. Tenn. Code Ann. § 55-16-104(a). A vehicle is considered abandoned when it has been left on the private property, common area in the context of an HOA, without the HOA’s consent for more than 48 hours. Tenn. Code Ann. § 55-16-103(1)(D).
Otherwise, to tow a vehicle parked within the HOA’s common areas in violation of the Declarations, the Declaration must specifically define or limit parking restrictions in the common areas. Most Declarations provide that all HOA members have the use of the common areas. As such, to enforce a parking restriction in a subdivision where the roads are private, there must be clear written restrictions within the Declarations that limit the parking on the streets or parking lots (ie. to 48 hours).
Vehicles Left on Public Property: If you live in a subdivision where the streets are public, a vehicle is considered abandoned, thereby giving the HOA the authority to have it towed under the following circumstances:
- If the vehicle is over 4 years old and left unattended (must impede or interfere with the orderly flow of traffic or the driver has been arrested) on the public property for more than 10 days, or
- Regardless of how old the vehicle is, if it is in an obvious state of disrepair (inoperable under its own power, without one or more wheels or inflated tires, burned, or with more than 1 broken window) and left unattended for more than 3 days, or
- The vehicle has remained illegally on public property for more than 48 hours.
Tenn. Code Ann. §55-16-103(1)(A-C).
The authority under this law applies regardless of whether there are Declarations in place for your subdivision.
If the vehicle is illegally parked (parked in violation of the state or local laws) or is creating a hazard, blocking access to public or private property, it may be towed without authorization from the vehicle owner. However, if not illegally parked, it may still be towed without the owner’s authorization if the vehicle has been observed to be unattended for at least 12 hours. Tenn. Code Ann. § 55-16-111.
Local police are authorized to take an abandoned, immobile, or unattended vehicle left on public or private property, and they may employ a service to remove and store the vehicle. Tenn. Code Ann. §55-16-104(a-b).
If the police will not tow a vehicle that is illegally parked on the HOA property, a towing firm can tow and store it if the HOA or the HOA’s property management authorizes the tow firm to do so in writing. TCA 55-16-112(a). The written authorization from the HOA must include the following information: The name of the person authorizing the towing; the year, make, model and color of the vehicle; reason for towing; license plate number (if applicable); VIN if accessible (look on the plate in the windshield/dashboard). TCA 66-19-103(d). The towing firm will have responsibility for the vehicle and owner notification once it takes possession of the vehicle.
If you are part of a homeowners association and need help in this or other areas, we can help. We represent homeowner associations with a variety of issues from formation, to administration, to dissolution. Contact us to find out more about the ways we can help you have the best HOA possible.
