Parking in a deed restricted community

Started by RichardW9 • 7 replies • 2589 views

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RichardW9 (Florida)
Posts: 1

Posted:

I am the new president of our association and we are enforcing of documents about parking which is only allowed on the lot's driveway or in the garage. Because this wasn't strictly enforced prior we have several residents complaining. I was told by a prior president that there was an incident where and association was sued because an emergency vehicle could get to the home because of the road being blocked by illegaly parked cars. It resulted in the HOA being succesfully sued and every homeowner being assest thier share of the award. Does anyone know where I can find the details of this case as I wish to share it with our community in our monthly news letter?
Thanks in advance for your help.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Court cases are public record once ruled upon. If it is locally should be at your courthouse. Plus in your HOA's records. We had that situation in our HOA but no lawsuit. We just dedicated one side (The one with the fire hydrants) as NO parking and made a law with our city. Our roads were turned over to the city years ago. So work with the city for legal enforcement.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By RichardW9 on 04/22/2012 6:50 PM
I was told by a prior president that there was an incident where and association was sued because an emergency vehicle could [not] get to the home because of the road being blocked by illegaly parked cars. It resulted in the HOA being succesfully sued and every homeowner being assest thier share of the award. Does anyone know where I can find the details of this case as I wish to share it with our community in our monthly news letter?

No matter how earnest your past president was in telling you this story it just does not sound right. If there was a lawsuit and if the HOA lost, why would the association's insurance not cover it? Why were the members hit with a special assessment to pay a share of a judgment?

In re-reading this part of your post, I just realized that what the former president described did not happen to your HOA but to some other unnamed HOA at an unkown time and place. This now takes on the aroma of an Urban Legend, kinda like the $5 Corvette. I know a guy whose cousin's uncle was in World War II and his best friend's buddy can get you a brand new 1943 Harley still in the crate from the Army warehouse for just $10.

Repeating urban legends as if they are facts will do nothing to assist you. If the former president cannot pony up the details of this lawsuit, do not mention it in the newsletter.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Richard,

If your goal is to explain why the parking restrictions are now starting to be enforced - just mention that the Board desires to ensure access by emergency vehicles. The court case is not needed.

If your goal, by citing the case, is to add additional reasoning for the issue, an unintended consequence could be planting a seed to bring legal action against the HOA no matter what delayed emergency vehicles.

If your goal is to get the board to start enforcing the parking then citing the case may be appropriate (if delivered only to the board).

If your doing research, an internet search may help. However, without knowing the defendants names or the county that the incident was in, it may be very difficult to locate. It's also possible that the case is an urban legend.

Tim

JohnB26 (South Carolina)
Posts: 1,569

Posted:

i will use my (unnamed) hoa as an example

126 fee simple detached homes

$2,000,000 policy w/ $5,000 deductable

should we lose a $4,000,000 suit we would have to assess $1,995,000

= $15,833 per home

MelissaP1 (Alabama)
Posts: 13,836

Posted:

That is true John...There is a cap on what insurance will cover and the judgement. A million dollar policy does NOT equate to a million dollar payout. There are legal fees since the insurer may or does hire an attorney. They get their cuts. Our HOA really paid out 60 to 80K MAXIMUM on suits depending on the situation. Plus insurers will drop or raise their rates after this. Which effects ALL the members of the HOA.

Our clubhouse was significantly under insured. If it burnt down the payout couldn't cover the rebuild costs. Which meant that they may pay out $60K but to rebuild could be $80K in today's market. That $20K would have to be assessed to the members. Just to put another spin outside of lawsuits.

We did have someone die and the ambulance did get stuck trying to leave. There was never a lawsuit over it. Suing your HOA is suing yourself and your neighbors. People can sue for anything and anytime...It doesn't mean it's nothing more than an empty threat or will win...Do NOT knee jerk response to every perceived lawsuit threat. Until that paperwork actually materializes I wouldn't react at all. Plus it is much much cheaper to counter sue than bring a case. A HOA should avoid this and use the lien/foreclose process anyway...

Former HOA President

DavidS36 (Nevada)
Posts: 20

Posted:

Parking is generally a hot issue. CC&R's will likely define a desired parking configuration, and the Rules and Regulations will further define actual details. In my state (NV), modifying the CC&R's require a vote by the membership for approval. Rules and Regulations can be modified as needed to clarify and define what the CC&R's do not do. For instance a family with two cars and a two car garage, suddenly has a new teen driver with car that needs to park someplace. Rules and Regulations can be tailored to allow overflow parking on the common area (or city street) with Board of Directors written approval. No easy answers.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Richard

Not enforcing the docs does not make them go away nor no longer valid.

Were I you I would:

1. Review all docs for parking rules/regulations. If clarifications needed then pass Rules and Regulations concerning such. R&R's are used to clarify exiting CC&R's and Bylaws, not make new ones. One example I know of. Our docs said no overnight parking of commercial vehicles. Well what is a commercial vehicle? Is an SUV with a business name on the back gate window considered a commercial vehicle. Is a 4 door sedan with commercial plates a commercial vehicle? Is a police car with signs on it a commercial vehicle? It is not as easy to define a commercial vehicle as some think.

Take your time. Consider all alternatives. Consider how those looking to "beat" things will try and beat them.

2. Send out a letter simply saying as a result of many fellow homeowners complaints about parking, we want to make all aware of vehicle parking Rules and Regulations. List all information about vehicle parking so all understand. Put everyone on equal footing.

3. In the letter also say that you are giving everyone time to address/correct any issues but that at the end of 30 days, you will begin enforcing all restrictions. Also clearly outline procedures, actions, and fines.

Be polite and professional. This action is based on what your fellow homeowners are asking for. Do not cite any past beliefs/hearsay, etc. That was then. This is now.

Hope this helps.

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