Are Broken Down Cars Allowed in an HOA?
It’s estimated that 69 million vehicles break down in the U.S. every year. For those living in a homeowners’ association (HOA), a broken-down car on community property may be against the rules. An HOA may be able to limit how long an inoperable vehicle can be parked, where it can be stationed, if it can be towed, and more. Read on to learn about HOA parking rules, whether broken-down cars are allowed in your HOA, and what could happen if you violate the rules.
HOA Parking Rules
HOA parking rules are designed to maintain neighborhood aesthetics, increase accessibility, and promote safety. Found in the association's governing documents, parking policies cover restrictions on inoperable vehicles, guest parking, and vehicles blocking driveways, as well as:
- Parking duration. Vehicles may only be parked in areas for an allotted time. For example, your HOA may ban overnight or long-term street parking.
- Prohibited vehicle types. HOAs might restrict RVs, boats, trailers, and other vehicles from being parked within the neighborhood.
- Vehicle storage. Some HOAs mandate that vehicles must be parked in garages or other specific places to avoid obstructing roadways.
When you purchase a property in an HOA, you sign a legal agreement to follow community rules and fulfill your duties as a homeowner. While every HOA operates differently, there are consequences for violating HOA parking rules and restrictions.
Are Broken Down Cars Allowed in an HOA?
HOA car rules vary by city, state, and association, but many communities don’t allow inoperable cars or “junk cars” to be parked in visible areas of the community. This includes streets owned by the association, guest parking spaces, and even driveways. Vehicles that won’t work due to mechanical issues are the main target of these rules, but even if a car can turn on, it can still be deemed inoperable by the HOA due to:
- Expired or missing tags
- Flat tires
- Being on jacks or blocks
- Broken windows/windshields
- A deteriorating exterior or interior
Deteriorating, non-operational vehicles can be eyesores, take up valuable parking spots, and leak dangerous fluids and fumes. Because it’s an HOA board’s job to attract new homebuyers, preserve safety, and maintain fairness, inoperable vehicles—in most cases—are unlikely to be approved. However, flat tires and mechanical issues happen.
If issues occur, check in with your board or community manager to discuss short-term options. Usually, a temporary parking permit will be issued, allowing a resident with a disabled vehicle to keep the car parked in the community for a set time without facing fines or towing.
Private Road and Public Road Parking Rules
An HOA’s ability to enforce a parking rule depends on whether the road is public or private. If your HOA owns and operates the roads inside your community, it can restrict disabled vehicles from being parked for extended periods. If roads in the community are publicly maintained, parking violations may fall outside of the association's authority. Instead, rules for disabled vehicles will be determined by local, state, and federal laws. However, some cities and states can still allow HOAs to pass and enforce community restrictions and cite violations.
Violating Disabled Vehicle Parking Rules
The consequences for violating the rules will depend on your community. Many HOAs take the following steps to enforce parking rules:
- A warning. Upon an initial violation, homeowners with a disabled vehicle parked in the association may receive a written warning requesting that the car be removed.
- A fine or parking ticket. If the inoperable vehicle remains parked, the owner may receive a fine or parking ticket.
- Towing the disabled vehicle. As a last resort, the disabled vehicle might be towed at the owner’s expense.
Addressing Non-Working Vehicle Issues In an HOA
The faster you act to address a disabled vehicle issue, the less likely you are to face fines and any further actions from the board. If you’re the owner of a disabled vehicle and you’re worried about violating your HOA’s rules, make sure you:
- Know the difference between public and private roads. While it varies, HOAs can typically only impose parking rules on private roads; public road issues are often outside the association’s jurisdiction.
- Review the rules. Refer to your governing documents and city and state laws to learn the parking rules that apply to your community. You can find your governing documents on the association’s website, public records, management company, or through your HOA board.
- Communicate with HOA leadership. If your vehicle becomes non-operational unexpectedly or you know it’ll be disabled for an extended period, communicate with a board member or community manager. They can provide guidance.
- Consider towing the car. If your vehicle cannot remain within the association while it’s non-functional, consider towing it to an off-site storage option, like a mechanic or vehicle storage facility.
How to Stop Speeding in Your Neighborhood
An HOA’s parking rules may limit the types of vehicles allowed, such as broken-down vehicles, RVs, campers, and more. While HOA parking rules are designed for aesthetic and practical purposes, safety is also a concern. That’s why speeding is such a hot topic for community associations. Read “7 Traffic-Calming Devices to Slow Speeding in Your HOA” to learn how to encourage safe driving in your community.