Public Streets

A common question is whether an association can enforce its parking restrictions on streets that are public streets.  Yes, if the restrictions are in the CC&Rs, no, if the restrictions are only in rules.  A rule can’t regulate parking on a public street or the use of a public street.  Utah Code § 57-8a-218 or 57-8-8.1.  A "rule" is a restriction that governs conduct or property and that is adopted by a board, rather than by a vote of the owners, and does not include restrictions in the CC&Rs (declaration) or bylaws.  (See Utah Code § 57-8a-102).  So, while a rule can't regulate parking on a public street, the recorded CC&Rs can.

The recorded declaration (CC&Rs) can have restrictions against parking on streets that are within the HOA’s subdivision and that are subject to the HOA’s jurisdiction, and the HOA can enforce the restrictions by fining and other remedies.  Property that is within the legal description of the project (also shown on the recorded plat) is generally subject to the jurisdiction and CC&Rs of the association, even a road that’s dedicated to the public.  The CC&Rs are a private agreement between and among the association and the lot owners.  The owners have agreed to not do certain things as stated in that private agreement (the CC&Rs) and the association and other owners can enforce the agreement, except when it interferes with city or police enforcement authority and activities, which is where the issue of towing can cause problems.

Cities and counties have the preemptive right to enforce their traffic laws and an HOA can’t interfere with that.  Towing could be deemed to interfere with that, so I generally don’t recommend towing vehicles from public streets unless it’s clear the city/county or police don’t have a problem with it.  In a case where the police or city defer to the HOA, the association can usually tow if there is sufficient notice to all residents in the CC&Rs and elsewhere that vehicles may be towed and if any required signage is posted.  See Index, towing.

Driveways, Garages

The law states that "a rule may not restrict an individual from parking an operable vehicle in a driveway where the vehicle has a legal right to park," unless the vehicle is: (i) a commercial vehicle, as defined in Section 72-9-102; (ii) a motor home, as defined in Section 13-20-2; or (iii) a recreational vehicle trailer, as defined in Section 13-20-2 (see below for these definitions).

However, "a rule may require that an individual park in a garage appurtenant to a unit before parking elsewhere."  Utah Code § 57-8a-218 or 57-8-8.1.

Exactly which driveways may not be restricted is not entirely clear from the statute.  It appears that "a driveway where the vehicle has a legal right to park" means a driveway the individual owns or has exclusive use rights to, such as if the driveway is on the individual's lot or limited common area.  The "legal right to park" on such a driveway arises by virtue of the individual's ownership or exclusive use rights.  

What about where a driveway is general common area that the individual does not have any exclusive right to use?  If the driveway is general common area and no governing document provision or other document grants the individual the right to park on the driveway, an association can restrict an individual from parking in the driveway because the vehicle has no legal right to park there.

Therefore, the interpretation of the statute that would most likely reflect its intent is "a rule may not restrict an individual from parking an operable vehicle in a driveway on the individual's lot or allocated to the owner's exclusive use and where the vehicle otherwise has a legal right to park." So, a rule can't restrict parking on an individually-owned driveway or limited common area driveway, but a rule can restrict parking on general common area driveways. 

In the end, ideally such a restriction would simply be contained in the recorded CC&Rs rather than in a rule, which would avoid this question altogether as this statute only applies to rules.  

A "commercial vehicle" is defined in 72-9-102 as an interstate commercial vehicle, an in-state only commercial vehicle, or a tow truck.  An interstate commercial vehicle can be self-propelled or towed and is: (1) used in interstate commerce to transport people or property and weight or weight rating of over 10,000 pounds, (2) designed or used to carry nine or more people total for compensation, or 16 or more people total not for compensation, or (3) to transport hazardous material.  An in-state-only commercial vehicle is a vehicle or trailer used for business to transport people or property only within Utah and that: (1) has a gross weight or weight rating of over 26,000 pounds, (2) is designed to transport: (i) 13 or more people total and has a gross vehicle weight rating or weight of 13,000 pounds or more, or (ii) 16 or more people total, or (3) is used to transport hazardous material. 

A "motor home" means "a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use." Utah Code § 13-20-2.

A "recreational vehicle trailer" means "a travel trailer, camping trailer, or fifth wheel trailer."  Utah Code § 13-20-2.

Towing

See Index, towing.