Are Your HOA Rules Causing Parking Problems? Part II
Can the board force an owner to park in the unit's assigned space?
In most associations, the assignment of one or more spaces is for each unit. Boards should use their rule-making authority to adopt parking policies that require owners to park in their assigned areas. That gives the association the power to enforce the rules if an owner violates this provision.
Can the board force owners to change their assigned spaces?
Some governing documents allow a board to switch owners' parking spaces for various reasons. However, if the areas are legally attached to a particular unit, it would be illegal for a board to sever the unit's space or revoke the owner's right without his or her consent.
What types of vehicles can one park in the community?
Ideally, the declaration or master lease lists the types of vehicles parked in the community. Sounds simple, but it isn't. The declaration may state that parked trucks may not be in the community but have you looked around the parking lot lately? Is an SUV a truck? Is a hybrid vehicle a truck? What is a commercial vehicle?
If you face vague or ambiguous language, create a detailed definition for each type of vehicle you want to incorporate into the association's rules. For example, the description for "commercial vehicles" may mean any car that shows any commercial markings, signs, displays, equipment, inventory, or apparatus, or otherwise indicates a commercial use.
How many cars per unit may park on the premises?
Governing documents written in the 1960s may include a by-law that states only one car is allowed per family or unit. The developed land was most likely at a premium, and the number of spaces exactly matches the minimum requirements of the building code.
Today almost every adult has a car, and when you add teenagers or roommates to the mix, there can be three or four cars per home. There are only so many guest spaces and unassigned spots in any community.
What are some examples of solutions for getting more parking spaces?
One condominium solved the problem by purchasing a small parcel of land across the street from the building, converting it into an additional parking lot. You will need to verify that the association has the authority in the governing documents or applicable statutes to purchase property on behalf of the owners. Be sure to get assistance from the association attorney to determine what approval will be necessary.
Another association re-striped the parking lot and extended the lines to enable owners to park one car behind another. Ultimately, it may be necessary to limit the number of vehicles parked per unit or home, requiring the overflow to park outside the community.
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Please reach out to us today with any questions you may have about parking in your HOA.
