The General Rule
Whether your HOA can ban overnight street parking depends on who owns the street. On private community streets (common in gated communities), the HOA has broad authority to set parking rules including overnight bans, time limits, and permit requirements. On public streets maintained by the city or county, the HOA generally has no enforcement authority. Most CC&Rs specify parking restrictions for driveways — no commercial vehicles, no RVs, vehicles must fit in garage — and these are generally enforceable as deed restrictions regardless of street ownership.
Texas-Specific Rules
Texas HOAs have broad parking enforcement powers on private property. Many Texas HOAs use towing as an enforcement mechanism, governed by Texas Transportation Code §2308.
Why Your CC&Rs May Be Different
State law sets the minimum floor — but your community's CC&Rs, bylaws, and board-adopted rules may be stricter, may include exceptions, or may have been amended recently. The only way to know exactly what applies to your community is to read your specific governing documents.
Most CC&Rs are 40–120 pages of dense legal language. Finding the exact section that answers your question can take 20–30 minutes — if you can find it at all.
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