South Face is an upper-middle-class neighborhood of about 250 houses built in Rockrimmon beginning in 1993. They are nice houses, multi-level with fancy street lights and well-kept landscaping. 
South Face sits on the north side of Vindicator Drive, across from Ute Valley Park.
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Folks there were surprised a month or so ago when a new sign appeared attached to a city traffic sign. Here’s the sign:
The sign sure looks official.
And it was attached to a city traffic sign at the entrance to the neighborhood. Check it out below:
The signs were erected by the South Face Community Association board. The board is determined to enforce covenants that prohibit parking on city streets overnight. Cars must be in driveways. Or else.
Some neighbors were shocked. Some called the Colorado Springs Police Department. Some called Side Streets.
The common question: Can an HOA tow away a car parked legally on a public street?
Neighboring Eagle’s Nest neighborhood has a similar warning attached to a stop sign:
If both neighborhoods are doing it, it must be legal . . . right?
Actually . . . no.
CSPD Sgt. Lonnie Spanswick, the parking enforcement guru, said police are the only agency authorized to tow cars from public streets. Absent a court order from a judge, any HOA board calling a tow truck to enforce covenants about parking on city streets is asking for trouble.
Specifically, they are asking for a criminal charge of motor vehicle theft.
Spanswick said covenants are not law. And HOA boards are not police. They can NOT simply call a tow truck and haul off a car parked in violation of covenants.
Attorney Lenard Rioth said South Face has not towed any cars and would not do so without a court order — a lengthy process in civil court.
He said the signs were erected because some in the neighborhood simply won’t follow the rules they promised to honor when they bought their homes.
Rioth said the streets are narrow, creating safety issues if they are lined with cars at night. They become difficult to plow in snowy weather.
Then there’s the principle involved. Covenants are not dictated to residents. They are self-imposed. Why, Rioth asked, do people move into covenant-protected neighborhoods only to ignore the rules?
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These HOA’s might want to revisit the wording in their covenants.
In our case, the rules in the covenants apply to homeowners and their guests and renters. The HOA can enforce the rules with fines, liens on property if fines go unpaid, and court action. There is no authority to tow from public streets.
The way to enforce against vehicles parked on streets is to start by educating the homeowners about the rules. Then go after the violating homeowners with fines, following the process required by state law in SB 05-100. This includes the opportunity for the homeowner to attend a hearing before the HOA board before any fine or other significant penalty is imposed.
Just as the police are unlikely to issue a speeding ticket for a few mph over the limit, HOA’s ought not try to enforce against every violation. It is the chronic offenders that should be the focus of enforcement.
The HOAs are probably powerless to enforce against vehicles parked on public streets and not owned or controlled by a homeowner or his guest or renter. I suspect private streets owned by the HOA are a different matter and probably are enforceable.
Also, if access by emergency vehicles on public streets is a legitimate concern, the HOA’s really ought to press the city to post no parking signs. This issue can easily be substantiated by checking the street width and comparing against city standards.
One more thing….
For those who don’t like the idea that their HOA can enforce where they park, you agreed to abide by the rules when you purchased your property. If you think the rules aren’t reasonable, the onus is on you to get your neighbors to agree with you. State law SB 05-100 allows for a 66% approving vote in order to change the rules.