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Sajid Shabber
Aug 158 min read
Updated: Sep 17
California HOA community parking disputes are more than just inconvenient. They strain neighbor relations, create legal headaches, and can cost you time, money, and even peace of mind. If you live in a California HOA, chances are you have wondered what parking rules are enforceable, when a homeowner can be fined or towed, and whether the restrictions feel fair.
This happens more when California homeowners are unaware of their legal rights. Laws like the Davis-Stirling Act and California’s Vehicle Code set ground rules, so it’s essential to know what your rights are and what obligations your HOA board has.
Here are the different HOA parking rules in California and common conflicts that arise.
If the roads in your development are privately owned or maintained by the HOA, or are common property, then the HOA usually has authority over parking there. That means:
Some HOAs set rules on what vehicles can use the community parking areas. Large RVs, boats, big trucks, or commercial vehicles are often not allowed. These limits keep the neighborhood looking nice, make traffic smoother, and help protect property. But there’s a catch: restrictions must be reasonable. If the rule bans all pickups even though most people own trucks, the rule could be challenged.
The HOA can enforce assigned parking spots. If you have a specific spot in a common lot or garage, you may be required to park there instead of the street or guest areas.
They can restrict where vehicles are parked: driveways vs. street vs. interior lots. For example, if street parking is tight, they may require cars to be in driveways or assigned common-area spots.
Common area rules often include rules about public parking (or non‐resident parking), limiting duration, blocking common driveways, fire lanes, etc.
But even when the HOA has this kind of authority, what matters is: are the rules clearly written, properly posted, consistently enforced, and do they respect state law? If not, people often push back.
This is a frequent source of tension. Many homeowners feel their driveway or garage is theirs to use freely. But in many HOAs:
Garages are required to be used for parking, not merely storage. If space is limited, the CC&Rs or rules may explicitly require that homeowners park in garages rather than leaving vehicles (or parts, ladders, boxes) piled in garages so cars go outside. The idea is to preserve parking availability and curb appeal.
There may be rules prohibiting parking in certain non-paved areas, front yards, landscaping zones, or over driveways in ways that block sidewalks or easements.
HOAs sometimes limit overnight parking on driveways, limit oversized vehicles (e.g., trailers or RVs) in driveways, or designate whether specific driveways are allowed for long-term parking.
Your HOA may have rules that require parking inside the garage. Ignoring that rule usually brings a warning, then fines, and in rare cases, towing after proper notice and more violations. It depends on how well the rules are explained and if they make sense under the California HOA laws.
Probably the most emotionally charged issue: seeing a car towed, or receiving a hefty fine. Here’s what you need to know under California law:
The rule governs towing under the vehicle code § 22658 from private property, including HOAs. It sets out when towing is legal, what signage must be posted, what notices are required, and how authorization works.
Some key legal triggers:
If proper signage is posted at all entrances of the property, indicating “unauthorized vehicles will be towed at owner’s expense,” etc., then an HOA might tow a violating vehicle without waiting 96 hours after the violation notice.
If no appropriate signage, then often the HOA must issue a parking violation notice and wait at least 96 hours before towing.
If a vehicle is inoperable or lacks vital parts (tires, engine, windshield, etc.), and the local traffic enforcement agency has been notified at least 24 hours prior to towing.
If the vehicle is illegally parked in a fire lane, within 15 feet of a fire hydrant, or blocks an entrance or exit. In these cases, signs or general towing authorization may allow immediate towing.
To tow without waiting, signs must be placed at all entrances, meet minimum size (often 17 × 22 inches), lettering height (at least 1 inch), indicate that public parking is prohibited, provide phone number of local enforcement and towing company, etc.
Written authorization is required to tow, either specific (for the one vehicle) or general (for categories of violations like blocking fire lanes). In some cases, an HOA representative must be present somewhere on the property at the time the tow is done to verify the violation.
If an HOA or towing company fails to comply with legal requirements (signage, notice, authorization, etc.), the vehicle owner may be entitled to damages, sometimes double the towing or storage charges. Also, there can be criminal or civil penalties.
HOAs often have special regulations around guest parking and short-term or temporary parking. These may include:
Time limits (how long a guest's car may park in a guest spot)
Permit requirements: guest parking passes, temporary permits for visitors
Restrictions on which spots are guest spots vs those reserved permanently or leased
Rules about overspill: if guest spots are full, where guests may or may not park
Many homeowners see these parking rules as a headache when loved ones visit. Disputes usually happen after a guest’s car gets towed or ticketed simply because the rules were hidden or hard to find. The smart move is to know where the guest spaces are, find out if permits matter, and keep in mind how strictly your HOA applies those parking limits.
Perhaps the most important legal safety net for homeowners is reasonableness.
HOA rules must be reasonable, not arbitrary or overly burdensome. If a restriction is simply “because we don’t like that kind of truck,” it might be challenged. Courts have struck down overly broad bans (e.g., restrictions on all pickup trucks when many residents own them).
Rules need to be written and shared in clear places, like the CC&Rs, bylaws, or official regulations. When rules are not in those documents or not posted for residents to see, enforcement becomes harder to justify.
Consistency also matters. If one neighbor leaves a car in a guest space and nothing happens, but another gets fined for the same thing, it creates frustration and can even invite legal trouble.
Reasonableness also arises in enforcement: are fines proportional? Was there notice and opportunity to respond? Did the HOA follow required hearings or internal procedures under Davis-Stirling?
People with disabilities have special legal protections, and HOA parking rules must respect those.
The Fair Housing Act requires that HOAs make reasonable accommodations for individuals with disabilities. That could include allowing a homeowner to have special parking near their unit, or to park a van with a lift, even if rules generally limit oversized vehicles.
HOA parking policies also meet state law. Someone with a disabled placard still has to respect signs, space rules, and safety. At the same time, if a rule feels unfair to a disabled resident, the HOA might have to provide an exception. Ignoring that need could bring legal risk to the HOA.

Residents are parking in guest parking spaces for extended periods, leaving genuine guests without legal spots.
Disputes over permits/registration for guest parking, whether permits are required, and how they're enforced.
More vehicles owned by residents than spaces available (driveways, garages, lots), leading to overflow into streets or common areas.
California case “Issakhani vs Shadow Glen HOA” (2021), where a visitor injured while jaywalking across a nearby street sued because of a lack of guest parking, but the court ruled the HOA did not have a duty to provide on-site guest parking for invitees.
Disagreements over whether large trucks, RVs, boats, or trailers should be allowed to park in driveways, garages, or common areas.
Balancing aesthetic concerns with homeowner rights, particularly in the enforcement of fence height, length, or visibility from the street.
Vehicles parked in fire lanes or in a way that obstructs emergency access. This is a safety issue and often a legally protected restriction.
HOAs need clear signage and consistent enforcement to avoid liability.
Residents using driveways or garages for storage or non-parking uses, reducing available parking space.
Disagreements over rules that require garages to remain available solely for vehicle parking (e.g., no conversion to workshops)
Rules about cars parked overnight in common areas, streets, or guest lots. Some HOAs are against overnight parking or impose time limits for how long any one car can occupy a guest or shared space.
Conflicts when enforcement is inconsistent or rules are vague (how many nights, when considered “abandoned”, etc.)
Disagreement over whether notice was properly given before fines or towing. Residents often feel blindsided.
Whether the HOA has legal authority under state law and CC&Rs to tow from certain locations (private vs public streets).
Ensuring accessible parking spaces are available and enforced per ADA and California law. Conflicts occur when the parking policy doesn’t account for disabled persons.
Situations where the guest with a handicap placard is uncertain whether registration or a permit is required, or whether they can park in certain guest or disabled spots.
One of the most common disputes arises when HOAs attempt to enforce parking rules on public streets. In most cases, however, an HOA only has authority over private roads or the common areas they own and maintain, not city-or county-owned public streets.
Conflicts can occur when:
Homeowners are ticketed or warned for parking on a public street beyond the HOA's authority.
Rather than relying on the government to sort out the mess, homeowners challenge whether their street is legally "public" or "private" in city or county jurisdiction.
Boards try to extend rules like no parking at night to public roadways.
Certain boundaries must be drawn. HOAs should confirm street ownership with local authorities and communicate transparently with residents. Otherwise, inconsistent or overreaching enforcement can lead to disputes, legal challenges, and mistrust within the community.
Here are the ways to handle the parking conflicts.
Review your HOA’s CC&Rs and rules carefully to know exactly what is allowed, what’s prohibited, and how enforcement should work.
Keep a detailed record: take photos, keep notices, emails, and times, so you have evidence if you need to escalate.
Initiate respectful communication with the board or management: explain the conflict, reference the rule, and propose solutions.
Use the HOA’s informal/internal dispute resolution or mediation process before considering legal steps.
If rules are vague, unreasonable, or unfairly applied, seek legal advice, especially when towing, fines, or disability accommodations are involved.
As California’s trusted HOA experts, HOA Unlimited delivers proven guidance to ensure disputes are resolved legally and fairly.
Yes. Under CVC § 22658, an HOA may tow vehicles on private/common‐area when rules are violated, provided proper signage, notice (often 96 hours), or for violations like blocking fire lanes, etc.
Yes. HOA boards can amend parking rules via the proper process in their CC&Rs and governing documents, including notice to homeowners. That's why changes must follow state law and allow homeowner input.
As of AB 130 (effective July 1, 2025), most HOA fines are capped at $100 per violation, unless a violation poses an adverse health or safety risk.
Document the issue, review your HOA’s rules, submit a written request or appeal to the board (or via internal dispute resolution), and ask for reasonable accommodation if needed.
Parking rules in an HOA protect your peace, your rights, and maintain the good balance of the community. When those rules are fair, legal, and shared clearly, problems are less likely to grow into conflict. A board that communicates well with homeowners creates trust, not tension.
Still, sometimes the rules feel unclear or unfair. That’s when support helps.
Call us at 415-547-0337, and talk to a team that explains what applies to your community while looking out for your rights.
Sajid is a real estate and luxury property management professional with multiple industry certifications, including ARM®, CAFM®, CCAM®-HR.LS.ND.PM.AA.LM.CI®, CMCA®, AMS®, and PCAM®. Based in San Francisco, California, he specializes in managing high-value residential and commercial properties, focusing on operational efficiency and client satisfaction.
