Parking is one of the most common complaints in homeowners associations. Whether it’s overcrowding, cars parked the wrong way, or vehicles blocking sidewalks and driveways, parking challenges affect both safety and quality of life. However, when the streets in your HOA are public roads—maintained by the city, township, or county—the HOA’s authority over parking is significantly different than it would be on private roads.

What Does It Mean if Roads Are “Public”?

If the roads in your HOA are dedicated to and maintained by a public authority, such as a city or township, they are considered public roads. This means:

• The HOA does not own or maintain the roads.
• Local and state traffic laws apply in full, including enforcement by police or public safety officers.
• The HOA has no direct enforcement authority over how individuals park on these roads—even if they are inside the HOA boundaries.

What HOAs Cannot Do on Public Roads

Even if the HOA has a strong interest in keeping the community safe and orderly, it cannot do the following on public roads:

• Enforce parking rules that contradict local or state law
• Issue citations or tickets for parking violations
• Tow vehicles from public streets without involving local law enforcement
• Create new parking rules that attempt to override city or township ordinances
• Ban street parking entirely on public roads

These actions fall under the jurisdiction of local government and public safety departments—not the HOA.

What HOAs Can Do When Streets Are Public

Although an HOA’s enforcement powers are limited on public roads, there are still meaningful steps the board can take to reduce parking issues:

1. Educate Residents About Existing Laws

Ohio law already restricts certain types of parking on public roads. For example:

• ORC 4511.69(C) requires that vehicles parked on a roadway with curbs must face with the direction of traffic.
• It is illegal to block fire hydrants, sidewalks, driveways, or mailboxes.
• Vehicles must not remain parked on public streets for excessive periods if local ordinances prohibit it.

Sharing these rules through newsletters, signage, or community emails can help reduce unintentional violations.

2. Encourage Courtesy and Communication

The HOA can promote neighborly behavior through positive messaging:

• Reminders to avoid blocking others’ driveways or sidewalks
• Guidance on guest parking etiquette
• Suggestions for overflow parking locations

3. Partner with Local Authorities

If there are chronic or hazardous parking issues, the HOA can:

• Contact the local police or code enforcement office to report violations
• Request increased patrols or ticketing for frequent offenders
• Work with local government to request “No Parking” signage, fire lane enforcement, or resident permit zones (if applicable)

4. Enforce Rules on HOA-Owned Property

If your community has private areas (like clubhouse lots or private alleys), the HOA retains authority over:

• Visitor parking rules
• Towing procedures (in accordance with Ohio law)
• Enforcement of any CC&R violations related to parking on common property

Why It’s Important to Set the Right Expectations in your Association

One of the biggest sources of confusion in communities with public roads is misunderstanding what the HOA can actually do. Residents may expect the board to take immediate action against illegally parked cars, but the HOA cannot override public jurisdiction. Clear communication—especially in governing documents, newsletters, and welcome packets—can help set realistic expectations.

In Summary:

Public roads within an HOA community can create a unique set of challenges—but also opportunities. While your board may not have enforcement powers over public streets, it can still play a proactive role in educating residents, promoting courtesy, and working with local authorities to create a safer, more respectful neighborhood.