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Old 03-04-2011, 06:13 AM
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ajbrown ajbrown is offline
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Default Seems to me there is precedent for deed restrictions disallowing parking on streets

I am no lawyer, but sure seems that there is precedent for deed restrictions being used to prevent parking on public streets by residents if TV wished to enforce that.

This paragraph comes directly from the article at http://www.carpenterhazlewood.com/re...h-one-controls
While there are no published cases in Arizona about the enforceability of association restrictions against parking on public streets, there is an appellate case on the subject from Missouri.1 The Missouri Court held that the association could control street parking on a publicly dedicated street because owners contractually gave up their right to park on the street. This is consistent with the general view that private covenants, such as deed restrictions, can be more restrictive than ordinances, and that such covenants are enforceable as contracts. Arizona law clearly holds that recorded CC&Rs are contracts. CC&Rs govern and restrict the use of land within a given community and constitute “a contract between the subdivision’s property owners as a whole and the individual lot owners.”2

Some snippets by a Florida attorney from an article here http://www.hg.org/article.asp?id=6969
The case went to court and the homeowner argued that the municipality controlled the streets: not the association. The court disagreed. The court found that the association’s parking regulations promoted a neighborhood scheme which was created by the deed restrictions. Furthermore, the homeowner as a matter of contract agreed to additional regulations restricting parking.
and another case from the same article.....
The second case in support of the association’s right to restrict parking is Maryland Estates Homeowner’s Association v. Karen Puckett and Chris Schallert. The case essentially held that a homeowner must abide by all restrictions including restrictions against parking in the street. The homeowner cannot pick and choose which rules he will obey.
PS. is better today with TOTV. thanks

Last edited by ajbrown; 03-04-2011 at 07:52 AM.