Condo Board Making Rules for Public Road!

D.C. from Pennsylvania writes:

Dear Mister Condo,

Our condo association’s declaration and rules require residents to park in their garages and driveways and prohibit them from parking on the public road in front of their unit. This public road serves only the community. Guests of residents may park on the road. Is our Executive Board on safe ground? The condo association is located in Pennsylvania.

Mister Condo replies:

D.C., when you say “public road”, I have to assume you mean a road that is open to the public, not owned or maintained by the association, and subject to local laws. In other words, it is not a private road and the land on which it sits is not owned by the association. If so, the association likely has no jurisdiction over how the road is used. So, if parking on the public road is legal for all, there isn’t too much the association can do about it. If the association owns the road, they are in control of how that road is used and can make whatever rules they wish as long as they are legal. One other consideration for a public road is whether or not it is a local, state, or federal road. I know of association that are built on either side of state highways where not only local laws but also state laws apply. For these associations, it is next to impossible to control how these roads are used. My advice is to find out who owns the road and then advise the association Board whether or not it is in their jurisdiction to make any rules about how that road is used. If it isn’t their road, they can’t make the rules. All the best!

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