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Legal

Legal Documents

Neighborhood Street Parking

We often hear on Nextdoor, Facebook, and in person about all the cars parked where individually we believe they should not be. Often times the main question is “Why is the HOA not doing anything about it?”. Often times the Deed Restrictions that are normally put into effect by an HOA are done so by developers and their attorneys. Unfortunately, the rules that they put into place do not always follow the laws in effect at the time or the future. Here in Texas public roads are regulated by the state, county, and cities when within their jurisdictions. The only time that an HOA can actually manage what does and does not occur on the roads is if they physically own and maintain them. The roads of Miramar Lake, The Preserve at Miramar Lake, and Willows Edge are owned by Harris County and in turn maintenance of them is performed by Harris County Precinct 4. What this means is that as long as folks are following the laws and regulations put forth by the State of Texas and Harris County, the HOA has zero (0) jurisdiction to say otherwise. Granted, neighbors should respect one another and come to reasonable arrangements to ensure that everyone has the ability to park and/or access their driveways. There are deed restrictions within the Miramar Lake HOA Deed Restrictions that are useless because state and county law override or trump them. For a refresher of state law, I encourage everyone to visit the following link which covers Chapter 545 of the Transportation Code; more specifically Section 545.302 as well as a few others.

http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm

Our large neighbors to the North, The Woodlands Township, put out the following newsletter in an effort to help better manage their parking issues.

https://www.thewoodlandstownship-tx.gov/DocumentCenter/View/4453

I would take note of the following sentence from the first paragraph on page one (1):

“While some of these parking habits may not be illegal, they can contribute to an unsafe environment in the neighborhood.”

So, as you can see, The Woodlands Township recognizes the problem as well but lacks the legal authority to do much about it other than to have their police enforce the rules that are already in effect.

In closing, if we all do a better job at working together as neighbors then many of our problems might just go away; emphasis on might.