Minnesota HOAs lose authority over street parking and driveway vehicles
Minnesota HOAs lose authority over street parking and driveway vehicles
2026-09-12 · Minnesota · Legislation
What happened. Section 6 of Laws 2026, ch. 82 adds a new subsection (f) to Minn. Stat. § 515B.3-107. From 1 January 2027, a large body of Minnesota association parking enforcement simply stops being enforceable.1
The public street rule
“An association has no authority to regulate the parking of a unit owner or a guest, tenant, or invitee of the unit owner within an improved public right of way that a unit of government maintains and repairs, except that the association may… require compliance with all applicable statutes, laws, and ordinances.”
The test is who maintains and repairs the street, not who owns the abutting lots. A townhome community laid out along city-maintained streets loses its parking rules on those streets; a community on genuinely private drives does not.
The carve-out is narrow and worth reading precisely: the association may require compliance with statutes, laws and ordinances. It may enforce the city's rule. It may not substitute its own.
Delegated police power gets a five-year limit
“Absent legislative authorization, a unit of government does not have the authority to delegate its police powers to a private entity. If an association is an authorized delegatee, the delegation is valid for a period not to exceed five years.”
That addresses the arrangement where a municipality has handed an association enforcement authority over streets within a development. Such delegations now expire and must be renewed.
The driveway right
“A unit owner or resident must be permitted to park a personal or work vehicle on the portion of the unit owner's property or the portion of the limited common element allocated to the unit that was originally designed or subsequently modified for the parking of vehicles.”
Three conditions attach. The vehicle, when parked, must not encroach on another owner's property, must not fully or partially block access to a pedestrian walkway, and must not interfere with the association's ability to maintain roads, driveways, parking spaces, common elements or limited common elements.
What counts as a personal vehicle
The statute defines it: an automobile under 26,001 pounds used for personal travel or commuting, “including but not limited to a van, pickup truck, small truck, ambulance, law enforcement vehicle, emergency response vehicle, or utility company vehicle.”
Excluded: motor homes, self-propelled recreational vehicles, and vehicles used primarily for commercial purposes.
Which Minnesota rules die on 1 January 2027
This is one of the few provisions in Chapter 82 that voids existing rules outright rather than regulating how new ones are made. Working through the common Minnesota rulebook:
Overnight street-parking bans, on city-maintained streets: gone. This is the single most widespread casualty. Many Minnesota townhome associations prohibit overnight parking on the streets running through the development, and in a great many of those developments the streets were dedicated to and are maintained by the municipality. The association's rule has no statutory footing after January; the city's ordinance, if there is one, still does.
Guest-parking permit systems, on public streets: gone. The statute names guests, tenants and invitees expressly.
Pickup truck and work van bans in driveways: gone. A van, a pickup, a small truck and a marked utility vehicle are all inside the statutory definition of a personal vehicle. A rule that the driveway may hold only passenger cars does not survive.
RV and motor home restrictions: intact. Motor homes and self-propelled RVs are expressly excluded from the definition. So are vehicles used primarily for commercial purposes — which is the distinction between a plumber's van driven home from work and a box truck operating from the unit.
Rules on private drives and association-maintained lots: intact. The public-right-of-way rule reaches only streets a unit of government maintains and repairs.
The first question for a board is who plows the street
Everything in the first rule turns on a factual question most boards have never formally answered: is this street a public right of way that the city maintains and repairs, or is it association property?
In Minnesota developments the answer is often mixed within a single community, and it is often not what residents assume. The plat and the development agreement are the documents that settle it; the city engineering or public works department can usually confirm maintenance responsibility directly.
That determination should be made and recorded before January, because it tells the board which of its parking rules to repeal and which to keep. Repealing a rule is itself a rule change — and from 1 January 2027, rule changes require 21 days' notice and comment. Another reason to do the work in 2026.
The three conditions are where enforcement survives
The driveway right is not unconditional, and the conditions are the association's remaining tools. A vehicle that encroaches on a neighbour's lot, that partially blocks a sidewalk, or that prevents the association from maintaining a shared drive is outside the protection.
Two of those are worth noting for how they are drafted. Blocking a pedestrian walkway is prohibited whether fully or partially — a truck bed overhanging a sidewalk is caught. And the maintenance condition covers roads, driveways, parking spaces, common elements and limited common elements, which is broad enough to reach a vehicle parked so as to obstruct snow removal.
Given Minnesota winters, snow-removal access is likely to be where most of the surviving enforcement happens. A board that wants that ground available should make sure its rules describe the maintenance interference concretely rather than relying on a general prohibition that no longer has a basis.
Why this provision exists
Parking was not among the marquee items when the bipartisan working group delivered its 41 recommendations in February 2025, and it is not the part of Chapter 82 that made the news. But it is the provision that touches the largest number of Minnesota households day to day, and it addresses a specific structural oddity: private associations writing and enforcing parking law on streets the public paid to build and the city plows.
The five-year cap on delegated police power comes from the same logic. Where a municipality has genuinely authorised an association to enforce on its behalf, that arrangement is now time-limited and must be revisited rather than persisting indefinitely by inertia.
Who this does not reach
Under Minn. Stat. § 515B.1-102(b)(3), planned communities created before 1 June 1994 are outside MCIOA unless they have elected in — and older townhome developments on public streets are exactly the profile most affected by this provision. Many of them will be unaffected because the Act does not reach them.3
Pre-1994 condominiums are reached through the listed sections in § 515B.1-102(b)(1)–(2). The distinction is community type, not age, and it will be the source of a great deal of confusion in 2027.
What to watch next
Nothing is pending; the biennium ended 18 May 2026. The related question — whether Minnesota cities may require a developer to create an association in the first place — was answered in the same act, at section 14, effective for communities created on or after 1 January 2027.
This states what the statute says. It does not resolve any particular parking dispute.
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