SF 1750: The Parking Dilemma

We continue our look at issues related to SF 1750, the HOA legislation that goes into effect on January 1.  This time we look at an issue that seems to come up a lot at our chapters: Parking governance.

So let’s say you’re a Minnesota homeowner who drives a company pickup truck to work every day. When you return home, you park in your driveway, just as you’ve done for years. But your HOA has a rule prohibiting work vehicles from being parked outside overnight.

Can your association require you to move the truck?

Beginning January 1, 2027, Minnesota’s new HOA legislation, SF 1750, will provide additional protections for homeowners who park personal and work vehicles in their communities. The new law could require many Minnesota associations to revise longstanding parking restrictions.

What Does SF 1750 Change?

SF 1750, enacted as Chapter 82, amends Minnesota’s Common Interest Ownership Act (MCIOA), specifically Section 515B.3-107. The legislation addresses two important issues:

1. An HOA’s authority to regulate parking on public streets.
2. Homeowners’ rights to park qualifying personal and work vehicles on their property or designated parking areas.

Parking on Public Streets

Under the new law, associations generally cannot regulate parking by homeowners, tenants or guests on improved public rights-of-way maintained and repaired by a governmental entity.

For example, if a city owns and maintains the street running through a townhome community, the HOA generally cannot independently establish parking restrictions for that street. However, associations may require compliance with applicable municipal ordinances and state laws. The statute also recognizes limited circumstances involving government-authorized delegation of parking enforcement authority.

Importantly, the restrictions on HOA authority over public streets do not automatically apply to privately owned association roads. Boards should determine who owns and maintains their community streets before changing parking rules.

What About Work Trucks and Company Vehicles?

This is where the new legislation becomes particularly interesting to say the least.

SF 1750 provides that homeowners and residents must be permitted to park qualifying personal or work vehicles on portions of their property or allocated limited common elements designed or modified for vehicle parking. The statute’s definition of a personal vehicle includes automobiles weighing less than 26,001 pounds that are used for personal transportation or commuting.

Examples include:

• Passenger cars and SUVs.
• Pickup trucks and small trucks.
• Vans and qualifying company vehicles.
• Emergency response vehicles.
• Law enforcement vehicles.
• Utility company vehicles.

For example, a homeowner who drives a company pickup truck to a construction job may have protection under the new law when parking that vehicle in an otherwise appropriate driveway. However, the legislation distinguishes qualifying personal and work vehicles from certain commercial vehicles used primarily for business operations. Motor homes and self-propelled recreational vehicles are also excluded from the statutory definition of personal vehicles.

The new law does not mean every commercial truck or recreational vehicle can be parked anywhere in an HOA community.

Can HOAs Still Establish Parking Restrictions?

Yes. Associations retain important authority to address legitimate safety, access and maintenance concerns. Under the legislation, protected vehicle parking cannot:

• Encroach onto another homeowner’s property.
• Fully or partially block pedestrian walkways.
• Interfere with the association’s ability to maintain roads, driveways, parking spaces or common elements.

For example, a large truck that blocks sidewalk access or prevents snow-removal equipment from operating may still create an enforceable parking concern. Similarly, parking on association-owned private streets or undesignated common areas may be subject to different restrictions.

Steps Minnesota HOA Boards Should Take

With January 1 approaching, boards should review their parking policies and consider these actions:

1. Identify street ownership. Determine which roads are public and which are privately maintained.
2. Review vehicle restrictions. Examine prohibitions involving work trucks, vans, commercial vehicles and recreational vehicles.
3. Understand designated parking areas. Identify driveways and limited common elements covered by the new protections.
4. Update enforcement procedures. Ensure fines, towing practices and violation notices comply with applicable law.
5. Communicate changes. Explain revised parking requirements to homeowners before enforcement disputes arise.

Associations should consult legal counsel to determine how the new provisions apply to their communities.

Balancing Homeowner Rights and Community Responsibilities

Parking has long been a source of disagreement in homeowner associations. Boards understandably want to maintain attractive neighborhoods, protect access and ensure public safety. Homeowners, meanwhile, need reasonable opportunities to park vehicles they use for work and everyday transportation.

SF 1750 seeks to establish a better balance between those interests.

For Minnesota HOA leaders, the message is clear: Before enforcing an existing parking restriction in 2027, make sure it complies with the new law.

Learn more: Visit the HOA Leadership Network SF 1750 Education Center for additional information about Minnesota’s new HOA legislation.