Excessive Vehicles

Private community of 167 townhomes having assigned parking. Hoa is incoporated, and pays for everything. Maintains roads, common areas, water, trash, and basically receives no services from county or state.
We have been dealing with about nine homeowners who make up the largest portion of deliquencies totaling close to $30,000.
We have liens filed, and the attorneys re-coop some monies when the homes have sold, but four or five of them still owe three or four thousand dollars, and all we can do is sit by.
Among one of these is a homeowner who owns nine (9) vehicles. Two motor cycles, a large new truck, a commercial van, three BMW's, and two smaller cars.
As I said, we have ASSIGNED Parking which allocates two (2) spaces per home, and is marked by lot numbers. This homeowner lives alone, and we think he may be selling vehicles out of his house, but the same vehicles are always in the community. (possibly using them as show models) He is using his two assigned spaces, but then uses the overflow spots for the other vehicles.
Management Company has been advised by the attorney that we cannot do anything unless we change the rules to specify how many vehicles can be parked by each homeowner in the community.
Other homeowners are furious, and most of the anger is directed at the nine members of the board, because the board is responsibile for maintaining the common area. How could the rules be changed to lower the amount of vehicles, and how would you specify the number to be allowed?.
Anyone ever had similiar parking abuse problems?

Thanks:

Jim

We are a small complex and have fewer outdoor parking spaces than units. For us it became a problem when a couple of units had owners + renters living in them and the renters or guests were taking up spaces forcing other homeowners to park on the street.

Our only solution was to change our rules to state that only one vehicle per unit may be parked in outside spaces after 6:00 PM and after 6:00 each unit was only allowed one vehicle in the lot.

It was quite easy for the BOD to approve the rules change and for the most part, everyone has been adhering to it.

It does force someone to become the "parking police" in some aspects, but friendly reminder notes on the excess cars seemed to help.

As everyone has eluded to, your Attorney is correct. As the Board can only enforce existing rules. If the person isn't violating any rule then there is nothing to enforce.

You can not enforce a non existent rule on one individual.

You can not enforce an existing rule on only one individual - you must enforce all the rules, regulations and covenants equally on all members. Selective enforcement will only place the Association in jeopardy of potential legal action.


Does the Association have rules against guests of owners parking vehicles on the property?

Does the Association have rules specifying who's name the vehicles must be registered in? What about members who drive company cars? Are you going to check the ownership of all vehicles?

If he isn't the owner of the vehicles, how does that change anything?

Based on your posting, I think your blinded on trying to end an annoyance one member is causing vs. the job and duty of the Board to only enforce the rules/regulations on all members equally.


It's not the Boards responsibility to imagine how an individual pays their bills. It's not the Boards responsibility to enforce State, County or City vehicle laws about insurance, etc..

Don't overstep the Boards Authority.


This is a separate issue from the individual taking advantage of overflow parking. The overflow parking is being used properly per the Associations rules (at least based on your postings).

The Association should follow the normal enforcement policies for the collection of assessments, as they would for all other members who are not paying assessments on time.

Jim,

I know it's frustrating when you see someone taking advantage of the rules. However, your on the Board that can propose or actually make changes in the rules. Fault the rules not the individual.

Don't let this frustration compel you to overstep the Boards authority. This will only cause problems for the Association and possibly for individual Board members. The D&O policy will not cover Board members who knowingly don't comply with the governing documents or Federal/State laws.

You need to find a way to vent the frustration and not have it influence your decision as a member of the Board. You were provided with several excellent ideas on how to address this issue. If your members are "furious" explain that this is what needs to happen and let them decide if they want the rules to change or not.

Tim

Hi Jim,

Thanks for the kind words. There are many posters on here who have excellent advice. I consider myself still in the learning process but am willing to offer an opinion in the hope it helps.


If the vehicles don't belong to an owner of the property, how do you know that they don't belong to tenants, relatives or guests? Perhaps its a company vehicle a member is allowed to use. Unless you go door to door, you do not know. Who they are registered to and who is authorized to drive them are two different things.


This would depend on your current rules regarding the parking. Based on your postings, I'm of the expectation that your overflow parking is on a first come first serve basis. Rental vehicles are not registered to the person renting them, however individuals are authorized to use them. Are you saying that a member who has a rental vehicle can't park the vehicle on your property because it's not registered to them? That appears to be the basis for your argument to have the vehicles towed.

Speaking of towing, do you have proper signage on proper sized signs in proper locations based on your City/County towing laws? If not, the Association could be held responsible for all towing, storage and damage fees.


Please remember that the member is partial owner of that private property. The Association only maintains and manages the property. I've given several possibilities on how a vehicle that does not belong to a member might be parked on the property. Basically, it boils down to the rules of the Association.

I would strongly recommend that you follow your lawyers advice and either let the issue die or amend the rules.

If you amend the rules, they need to be fair to all lots. This is why I suggested providing one or two guest passes to each lot and limiting overflow parking, on a first come - first served basis, to those with guest passes. Specify that any vehicle not displaying a guest pass will be towed. If the guest pass is covered by a car cover that prevents the pass from being seen, the vehicle will be determined not to be in compliance and subject to towing. Read and understand the county towing laws and purchase and post proper signage so you can legally tow the vehicles. If a property needs more guest passes they may borrow one from a neighbor.

Another option is to state that any vehicle in overflow parking may not be parked in the same spot for more than 24 hrs. Of course this will require additional energy on the Boards part to track the vehicles. You will also need to determine what happens to members who are on vacation.


I'm not trying to convince you. I'm offering a layman's opinion based on the information contained in your postings, personal experience, knowledge gained through research, seminars, etc. and, hopefully, some common sense. Since I am not directly involved in the issue and I do not have access to all of your Associations governing documents, my opinion might be from a different perspective than yours, your neighbors or others you might ask.

As with anyone's advice (including any legal advice) you are free to heed all of it, some of it or completely discard it.

There are typically consequences associated with every decision. Good decisions tend to provide good consequences and bad decisions tend to provide bad consequences. Sometimes the consequences are immediate. Sometimes they can take years to show up.

The consequences of a decision made by an Association will be borne by the members of the Board and the members of your Association. Depending on your governing documents, this decision might be made at the Board level or needs to be at the membership level.

If it were my Association, I would lobby the Board for the guest pass option but let the final decision to implement that plan or live with the way it is now be the memberships.

Hope this helps,

Tim