Visitor Parking During the Holidays

Thanksgiving typically means family gatherings, festive decorations, and plenty of food. However, as the COVID-19 pandemic continues to spread throughout the country and government officials advise people to stay home to protect themselves, more Americans rethink their holiday plans.

According to AAA, an estimated 55 million Americans traveled over Thanksgiving in 2019, the most since 2005. 

This year, AAA anticipates a 10% drop in travel—the largest one—year decrease since the Great Recession in 2008. Whether you're hosting a socially distant dinner or traveling to your dinner destination, your community might see a slight increase in traffic. To accommodate your guests, know where they can and can't park. The following commonly asked questions provide tips to ensure a safe and happy holiday season. 

Can the association regulate guest or visitor parking? 

The community's governing documents usually give the board the authority to control unassigned parking spaces and make rules and regulations related to temporary, short-term parking. Typically, the board can prohibit parking on the lawn, in an emergency zone, in front of a fire hydrant, or anywhere that blocks a sidewalk, another driver's view, or an emergency vehicle's access.

Can the association charge a fee for guest or visitor parking? 

The right to charge a fee would have to be in your governing documents. The association attorney should check to be sure such payment isn't prohibited by state law and determine when the fee would be charged. For example, there might be a fee for overnight guest parking, but not for a guest visiting for the evening or the day. Before adopting rules, analyze the situation carefully. Will the law punish those that follow the rules? Depending on the situation, adopting a rule affecting everyone should be thought through thoroughly. 

Can the association prohibit long-term parking or vehicle storage in assigned parking spaces? 

The community is not a vehicle storage facility, so it is unnecessary to allow owners to store vehicles over long periods. This rule is usually more of an issue when residents spend part of the year in another location.

A good rule of thumb requires vehicles to be fully operational, with current registration and tags. While it's possible to prohibit vehicle storage, this could punish responsible owners who happen to be away four months of the year.

If you allow vehicle storage, make sure owners leave car keys with the association, a family member, or a trusted neighbor, so moving the car in an emergency or maintaining or repairing common elements isn't an issue.

How does the board know if a car belongs on the property? 

The board can adopt a rule requiring vehicle registration with the association, so you know whether vehicles belong to residents. You can use decals, but don't put the unit numbers or addresses on them. Use arbitrary numbers, a symbol, or a color scheme instead. The same caveat applies to numbering spaces—putting a unit number on a parking space is an advertisement for unoccupied units. If you are not using decals, the association rules may require residents to provide the make, model, color, and license number for any vehicle parked in the community. 

One option is to offer residents parking passes to display on visitors' dashboards. If someone overstays their welcome, the board can place a violation notice on an unidentified vehicle, asking the owner to contact the association. If an unknown vehicle is unclaimed and unmoved for an extended period, report the car to the police as suspicious or abandoned.

If a car is improperly parked, can the board have it towed? 

Towing is typically used to enforce parking restrictions, but the board should research the matter thoroughly before using this option. 

The authority to grant a tow to vehicles parked on property owned by an association is in Section 715.07(2) of the Florida Statutes (often referred to as the Towing Statute), which states in relevant part:

"The owner or lessee of real property, or any person authorized by the owner or lessee… may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage [...]."

However, note that the Towing Statute permits only the owner or lessee of real property (or a person authorized by the owner or lessee) to tow vehicles parked on that property without permission. Therefore, HOA communities may only tow vehicles from property that they own (including private streets). Condominium associations may only tow vehicles from common element property or property that they hold in their corporate capacity. Associations may not tow vehicles from private lots or driveways, or public streets. 

Overall, before contracting with a licensed towing company and posting the necessary signs, be sure the board adopts a rule authorizing towing as a means of enforcing parking restrictions. You will need written parking restrictions, so everyone knows what constitutes a violation.

Contact Us

Condominium Associates believes in transparency as the ultimate means of communication. Please do not hesitate to contact us with any other questions you may have about this holiday season.