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PRIVATE VS.
PUBLIC ROADS
Jurisdiction over private and public roads is
crucial when enforcing parking rules within a
community association. Boards may be able to
enforce parking rules on private roads, but not
public ones. Here's why:
Private Roads
Roads owned by the HOA are managed by the
board and subject to the guidelines outlined in the
governing documents. A community association
has the legal authority to oversee these roads.
As such, it may impose parking restrictions, like
where vehicles can park and the types of cars
allowed to park on private roads.
Public Roads
Local, state, and federal laws govern public roads.
Therefore, parking violations on public roads fall
on the shoulders of public authorities, not an
HOA board. However, some cities and states can
still allow HOAs to pass and enforce community
restrictions and cite violations.
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