Owner renting parking spot

Started by PeterL1 • 11 replies • 1609 views

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PeterL1 (New York)
Posts: 6

Posted:

We are a small complex of 14 units. We all have a garage and one parking space. There is NO visitor parking b/c of the size of the complex. If we need an extra spot we usually just ask one of our neighbors if we can borrow their spot. Yes or no up to the owner. My question is that one of the owners is requesting to "rent" someone else's parking spot. It's not mentioned in the by-laws about renting parking areas -- the Board met on the and we felt this would open a can of worms to other homeowners renting their spots, additional traffic in a VERY small area, who would rent it and most importantly if anything happened to the renters car who is responsible? The Association needs to be completely free and clear of any and all liability.

Any feedback would be greatly appreciated. Thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA doesn't want involved in any of this "rental" business. It's kind of none of their business if an owner does decide to rent out their space. The money from the rental isn't attached to the HOA. It's between the two neighbors/owners.

The HOA just needs to be concerned that the parking spot is being used properly. If they violate the parking rules, they can't claim "I don't own the spot...I am just renting". The same rules that apply to visitors or the owners for those spots should be enforced.

If this becomes a bigger problem, then tell the owner who would rent their spot out, that they could face any fines that whomever they rent it to acquires. The renter of the spot has to answer to the owner of the spot. If that owner is getting the fines for their renter's actions, you better believe that arrangement will stop...

Former HOA President

PeterL1 (New York)
Posts: 6

Posted:

What if the car gers damages from the snowplow people or the renter his someone else's car or somebody? The association needs not to be held responsible in any way ..... would papers have to be drawn up stating such?

PetunkaM (Florida)
Posts: 1,009

Posted:

Peter,

Are the parking spaces owned individually, i.e. on the deed or, are these common areas with the right to use one assigned space?

PeterL1 (New York)
Posts: 6

Posted:

They are owned individually --

PeterL1 (New York)
Posts: 6

Posted:

They are owned indivisually -- all situated in the common area parking lot

PetunkaM (Florida)
Posts: 1,009

Posted:

Peter,
If the parking spaces are owned individually, they can be rented, leased or even sold, I would think. Not sure what you mean by additional traffic? The number of cars will be the same. I do not think the Association liability is at risk. Could you prevent someone from renting their unit because you are concerned about the tenant walking on the common property?

Please know, the association is never ‘completely free and clear of any and all liabilities.‘

PeterL1 (New York)
Posts: 6

Posted:

Thank you for your input -- and the units can be rented out by the owner which would include the parking spot -- I guess we were just looking at a liability problem if something should happen b/c we didn't know who would be responsible.

PetunkaM (Florida)
Posts: 1,009

Posted:

In which case, Peter, I would try to ask the owner for a written lease - if at all possible- where the lessee assumes the same responsibility as the owner.

BradP (Kansas)
Posts: 2,640

Posted:

Isn't this similar to a homeowner renting/leasing their home? If HOA's can put restrictions on that I would think they could on this too.

PetunkaM (Florida)
Posts: 1,009

Posted:

Brad, yes.. but we do not know what the Association's covenants say about rentals or leases of property, certificate of approvals and all that good stuff.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By PeterL1 on 09/26/2011 8:01 AM
What if the car gers damages from the snowplow people or the renter his someone else's car or somebody? The association needs not to be held responsible in any way ..... would papers have to be drawn up stating such?

Why is this a concern? What would happen if a snow plow damaged an owner's car? It should make no difference if the car parked in the space belongs to the owner or a renter. The snow plowing company should have its own liability insurance, or the association shouldn't be hiring them.

As for the renter hitting someone else it's the renter's responsibility and his liability insurance covers.

The HOA has nothing to do with any of this other than making sure the people they hire (such as the snow plowing company) has their own liability and worker's compensation insurance.

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