If I park my car in an HOA but on a government-owned street, can the HOA fine me or tow my car? The answer is “No,” but tell that to most HOAs. They feel that anybody who comes into the neighborhood is subject to the CC&Rs.

In fact, the HOA can’t tow the vehicle of the HOA members. If the HOA member has violated the CC&Rs, then there “may” be monetary consequences of that, but unless the CC&Rs specifically give permission to the HOA, then the HOA cannot tow that member’s vehicle.

As far as signing the binding contract that in itself is not written in stone when applied to housing since constitutional and other issues are involved. In fact Senator Barto was justified when she said, HOA contracts don’t matter when it comes to the public streets. Because the courts have often ruled that Cc&Rs under many circumstances are not valid or enforceable such as if they contain arbitrary language, violate public policy or cannot be uniformly enforced just to name a few. Consequently just because a housing association has a restriction in its governing documents doesn’t automatically or always make it valid or legal to enforce.

Finally if Senator Barto did ever appear before a Judge she will prevail because she stands on solid legal ground. Since the association doesn’t own the public streets, the public school or church which may be located within the development no matter what the contract says. Unfortunately for consumers Developers often place within their governing documents (contract) all kinds of Cc&Rs, provisions and rules that are not valid according to the courts. Leaving the owners the expense, risks and responsibility of amending or removing what they created.

As far as signing the binding contract that in itself is not written in stone when applied to housing since constitutional and other issues are involved. In fact Senator Barto was justified when she said, HOA contracts don’t matter when it comes to the public streets. Because the courts have often ruled that Cc&Rs under many circumstances are not valid or enforceable such as if they contain arbitrary language, violate public policy or cannot be uniformly enforced just to name a few. Consequently just because a housing association has a restriction in its governing documents doesn’t automatically or always make it valid or legal to enforce.

Finally if Senator Barto did ever appear before a Judge she will prevail because she stands on solid legal ground. Since the association doesn’t own the public streets, the public school or church which may be located within the development no matter what the contract says. Unfortunately for consumers Developers often place within their governing documents (contract) all kinds of Cc&Rs, provisions and rules that are not valid according to the courts. Leaving the owners the expense, risks and responsibility of amending or removing what they created.