There are a variety of documents to be checked before I can answer that. For example, does the HOA want to allow persons who are not owners, occupants or guests to park on the HOA's roads and charge them for it? There might be provisions in the CC&Rs or in the first deeds to the buyers or in the disclosure documents, which would prohibit allowing outsiders to park on HOA property.
Is the HOA trying to charge members for parking on the HOA roads? The CC&Rs or the first deeds to buyers might grant easements to the HOA owners to park on HOA roads and only allow the HOA to charge outsiders.
Is the HOA trying to charge guests of members? Same question the documents for the subdivision might not allow the HOA Board to interfere with guests visiting the homes of members from parking on the HOA roads.
This will require a thorough review of the CC&RSs, the first deeds out from the developer, and the disclosure package. That one sentence might be controlling, but it also might not be.
Dana Sack
Answered on Mar 24th, 2016 at 9:41 AM