"guest" parking spot

Started by FredB4 • 10 replies • 3657 views

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FredB4 (Ohio)
Posts: 375

Posted:

Because of the way one of our condo buildings is situated with a limited amount of parking they have reserved parking spots. There was one spot extra which was designated as a "guest" spot. There is free on street parking near the building so there are other options.
What length of time would you say defines a "guest" ?
What length of time should a "guest" be able to park in that spot ?
There is nothing in the CC&R's concerning guest parking but if we added a bylaw could it be lagally enfored ?
Thanks,
Fred

TimB4 (Tennessee)
Posts: 21,062

Posted:

Does the Association really want to get into marking tires and timing how long a guest uses that spot?

How big of an issue is this (have there been a lot of complaints about the use of that spot)?

If my daughter is away at college and comes home for the weekend is she considered a guest?

If my neighbor has one more vehicle than the assigned spaces and I invite him to drop by for a beer can they park the extra vehicle in the guest spot since he is my guest?

I know it sounds like I'm making fun of your issue. However, I'm trying to demonstrate how many silly things the Board could be trying to regulate if they try to control the guest parking space.

My advice would be to make it available on a first come first served basis.

As for enforcement, if the parking spaces are considered common area, the board may simply adopt a resolution about guest parking. Resolutions are typically considered valid once they are published and distributed to the membership.

Tim

FredB4 (Ohio)
Posts: 375

Posted:

You wouldn't think it was a big issue but for a couple of people in that building it has become a huge issue. Most of the board feels it is a non issue and as you suggest a first come first use solution is the best option.

Unfortunately the president of the association is one of the oweners in the building and one of the people making this a huge issue so I was wondering if any members of this discussion group had come across anything similar and how they handled it or knew of any legal definition of what was considered a guest.

PetunkaM (Florida)
Posts: 1,009

Posted:

A guest or invitee can have many definitions. It can be an overnight guest, or as Tim pointed out, someone staying for a week, or someone just stopping by for a drink. A guest can park in that spot as long as you allow him to but how would you enforce it?
Perhaps, you can restrict that parking spot for specific uses only, i.e. loading/unloading only, handicap, emergency vehicles, etc. Would that work in your community?

FredB4 (Ohio)
Posts: 375

Posted:

That is a posibility although there is a handicapped space for the building and the extra space is not next to the doors.
Changing around the spaces at this point would stir up more problems.
I guess the bottom line is that you can't restrict something that doesn't have a specific definition. Funny how such a small issue can become such a big issue.
Our president has recently started to cause problems over this space unless she decides the occupant of the guest space meets her criteria.
The next board meeting could prove interesting.
Thanks Tim and Petunka for your response.
Fred

PetunkaM (Florida)
Posts: 1,009

Posted:

Fred,

how about 'visitors' parking? Then you will have to define the word 'visitor' which could be much easier than defining 'guest' but the enforcement issue is still not going to go away. Yes, these little problems can cause a lot of bad blood.

BrianV1 (California)
Posts: 12

Posted:

Why don't you just auction the spot off as a rental to the highest bidder?

With only one spot, no matter what rules you put into place, somebody is going to have to enforce them, and not everyone is going to be happy. At least if you rent it out, the HOA gets a little income and somebody gets an extra parking spot.

Hate to say it, but one parking spot is not "guest parking"... it's just an extra parking spot.

GlenL (Ohio)
Posts: 5,491

Posted:

Fred, what does your CC&R's say about parking? For instance we have 12 buildings and I have as much right to park in front of building one as the owners in building one have to park in front of my building a half mile away. Except for garage spaces and handicapped spots there are no reserved spaces nor are they allowed.

P.S. I happen to live in the odd building without enough spaces in front for everyone, if they're full then we park away from the building.

Studies show that 5 out of 4 people have problems with fractions

FredB4 (Ohio)
Posts: 375

Posted:

We have 4 buildings each with their own parking. The CC&R's actually give each unit 2 parking spaces leaving about 4 extra parking spaces total.

This has never been an issue before because we normally don't allocate spots. If a unit has three vehicles and another one vehicle etc. it has always worked out so there is enough spaces to go around for both guests and owners.
Anyone can park in any spot.

The fourth building is situated in an odd position that makes access to the other lots difficult. They decided a number of years ago that they would allocate and number the 2 spots for each unit. They were left with two extra spots and made one handicapped and one guest.

No problem until recently when the president decided that she didn't like the person who was using the guest spot and decided he was using it for two long.It was over two weeks, so she had a point but he is still a guest.
We found out the president has been complaining to them personally ,against board policy, almost since day one.
She also had the MC warn and fine the owner.
The owner is now accusing the board and MC of harassing her.

When the president is confronted by the board at our next meeting or if the the owner wants a meeting with the board, which she is entitled to, this little issue is going to get really big so I was wondering if anyone had come across a similar situation, particularly with the legal aspects of what is considered a "guest".

Fred

TimB4 (Tennessee)
Posts: 21,062

Posted:

Steve,

Below are various definitions of the term "guest". Two from dictionary web sites and two from legal web sites. All of them are saying effectively the same thing:

A person or persons welcomed by the homeowner for the purpose of visiting the owners/tenants home.

merriam-webster.com

the free dictionary.com

uslegal.com

lawyers.com

As you can see, a very basic and common sense definition. The term visitor has similar definitions.

If it were me, I would purposely open this discussion at the board meeting and make a motion that the spot be on a first come first served basis. Based on your posting, it appears that the majority of the Board agrees with this method. Once the President gets this message they might not like it but they should back off harassing members about it.

Tim

FredB4 (Ohio)
Posts: 375

Posted:

Tim,
Thanks... that does help especially the legal definitions.I think that is how we will proceed.
Fred

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