My community is claiming right of way approx. 12 feet from edge of road onto my property for drainage, road signs, ect. It is listed in our by-laws. I parked on top of my driveway but in this approx 12 foot, right of way our community claims. I was given a ticket due to being in the right of way. Is this permissible? I own the property but the community claims they own the right of way and were able to give me a ticket.
You should check the Declaration and subdivision plans (if there is a subdivision requirement in the municipality) for the easement to see if it exists, its location and if there are any notes on the plan that discuss it. Usually, as long as there is no obstruction or damage to an easement, parking seems like it should not be an issue. However, HOA can adopt rules, etc. and if it exists and the HOA has a rule against obstructing it or parking over it, etc. it can enforce the rule violation. The HOA has to allow you to have a hearing before it imposes the fine so you should check the rules or bylaws for the procedure to challenge the fine.
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You parked in your own driveway and they gave you a ticket? You have to love HOA's. Unfortunately, there is no easy answer. You are going to have to review all of your governing documents (declaration, bylaws, rules and regulations) to see what they say. Your HOA should give you due process, meaning that there should be a procedure to contest this ticket with the Executive Board of the HOA. It might be worth a hearing with the Board to get this straightened out.
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