Resident who refuses to park elsewhere

Started by AlexL1 • 21 replies • 1554 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AlexL1 (Florida)
Posts: 305

Posted:

One of the residents in our condo area refuses to park in another place. We have one area marked "Parking - 10 minute limit". This particular area is so marked so residents can easily drive in to pick up their mail... the 10 minute parking sign is in front of the mail box complex. The resident refuses to park in any other area but that one. We have received many complaints. I told him to park elsewhere but refuses.. He keeps saying that he and his family own 12 units there..(indicating that they are wealthy and they can do what they want) Not sure how to handle this. We could just take the sign down so all can park there... that is one solution.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It doesn't matter who the individual is. If it's a violation, you handle it as you would any other violation, by following the procedures outlined in your governing documents for enforcement.

JamesS27 (Nevada)
Posts: 6

Posted:

Just a couple of ideas:

Have him towed away.
Start fining him.

PaulT6 (California)
Posts: 409

Posted:

Alex,

You didn't say who owns the streets? Sounds like the Assn? If so, do as Tim & James suggested. If the Town owns the streets, call the Town.

Paul T

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JamesS27 on 10/13/2012 9:35 AM

Have him towed away.

Be sure you are in compliance with local towing laws prior to initiating this action.
Typically there needs to be specific signage of a specific size and font.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I usually advise against an HOA getting in the towing business but I think this might just be a case for such action.

Explore the ability/rights for you association to tow, and if possible then change the sign to 10 Minute Parking, Violators Will Be Towed and tow the SOB.

PaulT6 (California)
Posts: 409

Posted:

Suggest you consider towing as a last resort if you own the streets. He can later come back and claim his car was damaged in the towing process. If the Town owns the streets, no problem.

Paul T

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Where it in CA, I would advse you to contact JM and let her write one of her the association always picks on the people so we need state laws to prevent such....LOL

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By JohnC46 on 10/13/2012 1:23 PM
Where it in CA, I would advse you to contact JM and let her write one of her the association always picks on the people so we need state laws to prevent such....LOL

California already has more HOA laws than they need. Over the last 20, or so, years the State has gradually strangled HOA's here.

Paul T

LarryB13 (Arizona)
Posts: 4,099

Posted:

Alex,

If this parking area is owned by the association and the CC&R's grant the association the power to regulate either common areas in general or parking in particular, there are some alternatives to towing to discourage a chronic scofflaw.

My personal favorite is the "10-Minute Parking" notice printed on day-glo orange paper. This paper would have glue on the underside and be impossible to remove without tearing. It is glued to the windshield directly in the driver's line of sight. It will take him quite a while to remove all of it but should produce the desired results. A quick printing shop should be able to assist you with printing a few of these notices at a minimal cost.

A second contender is "the boot." This is a device that locks around the tire and prevents the car from being driven away. I have seen some cheap models on eBay for as little as $50. The bad part of this is that someone will have to unlock the boot in the presence of an angry driver.

Both of these suggestions do have a big drawback: The offending car remains parked where it is not wanted. On the other hand, the enforcement effort is highly visible and will gratify some who think it serves him right and will deter others from doing the same thing.

AlexL1 (Florida)
Posts: 305

Posted:

These are HOA streets.... the sign does say 10 minute parking

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By AlexL1 on 10/13/2012 7:33 PM
These are HOA streets.... the sign does say 10 minute parking

But is there anything in the CC&R's that penalizes a person from parking longer than 10 minutes or is it just a "suggestion"?

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

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By LarryB13 on 10/13/2012 6:37 PM
Alex,

If this parking area is owned by the association and the CC&R's grant the association the power to regulate either common areas in general or parking in particular, there are some alternatives to towing to discourage a chronic scofflaw.

My personal favorite is the "10-Minute Parking" notice printed on day-glo orange paper. This paper would have glue on the underside and be impossible to remove without tearing. It is glued to the windshield directly in the driver's line of sight. It will take him quite a while to remove all of it but should produce the desired results. A quick printing shop should be able to assist you with printing a few of these notices at a minimal cost.

A second contender is "the boot." This is a device that locks around the tire and prevents the car from being driven away. I have seen some cheap models on eBay for as little as $50. The bad part of this is that someone will have to unlock the boot in the presence of an angry driver.

Both of these suggestions do have a big drawback: The offending car remains parked where it is not wanted. On the other hand, the enforcement effort is highly visible and will gratify some who think it serves him right and will deter others from doing the same thing.

I think the sticker might be considered "vandalism" by the police? The boot? some people may not be stable and want to do bodily harm to whoever comes to un-lock it?

Paul T

JohnC46 (South Carolina)
Posts: 14,265

Posted:

As I have said, I am usually against an association towing but as they are private streets I believe one could tow like parking in a private parking lot. Plus you say he has been asked not to do so and he refuses to abide.

I say it is time to take him on. I say get a new sign that says 10 Minute Parking Violators Will Be Towed.

Next time he parks there, send him a letter reminding him of the restriction. Time after that tow him in a NY Minute.....

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By JohnC46 on 10/14/2012 8:13 AM
As I have said, I am usually against an association towing but as they are private streets I believe one could tow like parking in a private parking lot. Plus you say he has been asked not to do so and he refuses to abide.

I say it is time to take him on. I say get a new sign that says 10 Minute Parking Violators Will Be Towed.

Next time he parks there, send him a letter reminding him of the restriction. Time after that tow him in a NY Minute.....

Alex,

Our by-laws state that the Board can establish additional "reasonable" rules related to parking without Membership approval. If your By-Laws are similar you might want to tighten up your rules before you take action. Any action not specifically allowed by your GD's could be risky.

Sounds like your 12 unit owner is looking for a fight, verbally or physical? Suggest you really have your ducks in a row before taking action. Also suggest you have a Member who
is 6' 6" tall, a fit 275 lb, with a shaved head, do the contact work, there are a lot of people out there with short fuses just looking for trouble, be careful.

Paul T

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By PaulT6 on 10/14/2012 7:24 AM

I think the sticker might be considered "vandalism" by the police?

Why would those same police not consider towing of the vehicle to be "auto theft?"

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By LarryB13 on 10/14/2012 1:55 PM

Posted By PaulT6 on 10/14/2012 7:24 AM

I think the sticker might be considered "vandalism" by the police?

Why would those same police not consider towing of the vehicle to be "auto theft?"

Good point, without very specific GD's it may be looked at by the 12 unit member as saying "they stole my car"? Maybe so, even with the proper GD's? Basically a HOA is just a "club" you have to be a part of. Unless the streets are owned by the Town I think the only thing the Police might act on is a complaint that "somebody" stole the 12 unit Member's car. I doubt that the Police would care about the GD's

Setting up a sequence of fines, GD's allowing, appears to be about the only "reasonable" thing to do. Be very careful before putting your hands on someone elses property, maybe consult an attorney before hand?

Paul T

JohnC46 (South Carolina)
Posts: 14,265

Posted:

All

Keep one thing in mind. The OP said the streets are private. I believe this is much different then public streets.

How different? Well I do know know as I am not nor do I play lawyer but how many times have you seen a sign saying that so and so lot is restricted for so and so usage and violators will be towed. Been there, done that, got towed. When I pitched a fit they said...read the sign Ahole.....LOL

I believe the same applies.

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By JohnC46 on 10/14/2012 3:06 PM
All

Keep one thing in mind. The OP said the streets are private. I believe this is much different then public streets.

How different? Well I do know know as I am not nor do I play lawyer but how many times have you seen a sign saying that so and so lot is restricted for so and so usage and violators will be towed. Been there, done that, got towed. When I pitched a fit they said...read the sign Ahole.....LOL

I believe the same applies.

A re-cap:

1. It appears Mr 12 unit is looking for a confrontation

2. The streets are private, probably common area, owned by the HOA

3. The sign should say "You will be towed at the direction of the HOA"

4. You could put a notice on Mr 12 unit's car that it will be towed

5. At the next violation have it towed

6. Document everything

7. Stand back

Paul T

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By PaulT6 on 10/14/2012 3:56 PM

I agree and I love the stand back....LOL...but tow truck drivers are use to/prepared to deal with irate owners. It comes with the job. Is there not a reality tv program about such?

No way am I suggesting anyone on the BOD do it nor even be there.

GlenL (Ohio)
Posts: 5,491

Posted:

Alex, whether you want to fine the person or tow them you need to get all of your ducks in a row. That means you need to properly enact the rule stating if you do this then the HOA will do this and I highly suggest you run it by the HOA's attorney to make sure it is legal. Then you need to notify every member what the new policy is. And finally if you decide you want the power to tow, you need to contract with a towing service and make sure all of the signs required by law are in place, usually at least one at each entrance, which the towing service should have and place for the HOA.

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

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By GlenL on 10/14/2012 5:51 PM
Alex, whether you want to fine the person or tow them you need to get all of your ducks in a row. That means you need to properly enact the rule stating if you do this then the HOA will do this and I highly suggest you run it by the HOA's attorney to make sure it is legal. Then you need to notify every member what the new policy is. And finally if you decide you want the power to tow, you need to contract with a towing service and make sure all of the signs required by law are in place, usually at least one at each entrance, which the towing service should have and place for the HOA.

Alex,

Good points above. You might want to pattern your sign verbiage and placement on your Town's codes.

Paul T

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here