Overnight Parking Violation

Started by SusanW7 • 11 replies • 1501 views

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SusanW7 (Florida)
Posts: 16

Posted:

We have a family that likes to park their boat overnight on the street in the community on a regular basis. We have a rule stating clearly that there is no overnight parking for boats, etc. unless in a garage. Our manager says that every time the boat is moved - which is after it has been here overnight - the violation starts over. In other words, they could park in here overnight every other night and it would be OK, because they have moved it, so the violation starts over. Therefore, we can never get to fining and the problem never gets solved. My belief is that each time it is here again overnight it should be in the next phase of the violation and therefore we get to fining and can fine for each night it is here after that. Just looking for some information on this type of issue.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Susan,

What is the actual wording of the restriction?

Does it simply say no overnight parking or no parking between the hours of x and y?

SusanW7 (Florida)
Posts: 16

Posted:

In our Rules and Regulations: All overnight parking for commercial vans or trucks, boats, trailers, jet-skis, kayaks, canoes, or RVs must be in the garage.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The issue is that "overnight" is not defined.

If I park it at 8 pm and move it by 5 am did I park it overnight?
If I park it at 10 pm and move it by 3 am did I park it overnight?

If I park it in the garage at 8 p.m but move it outside at 2 a.m. did I park it overnight?

With overnight not defined, it becomes subjective.
You might want to amend the rules/restriction or adopt a clarification prior to enforcing this rule.

Something like:
commercial vans or trucks, boats, trailers, jet-skis, kayaks, canoes, or RVs must be parked/stored in the garage between the hours of x and y.

OR

commercial vans or trucks, boats, trailers, jet-skis, kayaks, canoes, or RVs are prohibited from parking in driveways or on roads between the hours of x and y.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Do not forget to add multiple warnings will equal a fine....

Former HOA President

SusanW7 (Florida)
Posts: 16

Posted:

Tim: I would say all of those situations is overnight, but I get what you are pointing out. What if it says - No parking of these vehicles other than for temporary parking and temporary parking is defined as being used for loading and unloading purposes only. And also that temporary parking is restricted to paved driveways. The boat is strictly being parked, there is no loading or unloading being done, and it is on the street.

Melissa: Thanks.

I still would like some input on the the violation starting over each time the boat taken away.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SusanW7 on 03/05/2013 9:15 AM
We have a family that likes to park their boat overnight on the street in the community on a regular basis. We have a rule stating clearly that there is no overnight parking for boats, etc. unless in a garage. Our manager says that every time the boat is moved - which is after it has been here overnight - the violation starts over. In other words, they could park in here overnight every other night and it would be OK, because they have moved it, so the violation starts over. Therefore, we can never get to fining and the problem never gets solved. My belief is that each time it is here again overnight it should be in the next phase of the violation and therefore we get to fining and can fine for each night it is here after that. Just looking for some information on this type of issue.

Many docs say that once the violation occurs, the next violtaion is the 2nd one as in the clock does not start over.

Read your docs.

SusanW7 (Florida)
Posts: 16

Posted:

John: I have read the docs. There is nothing in them other than the fact that we can go to fining and how to handle that.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Our Association would simply inform the individual that continued parking would be considered a continuation of the initial violation.

PaulT6 (California)
Posts: 409

Posted:

From our Covenants Enforcement Procedures:

"If it is determined at the hearing that the violation did exist but has since been corrected, the Hearing Panel will determine the appropriate fine for the violation. Said fine may be suspended for a period of one year from the last hearing date unless the same violation is found, at a properly noticed hearing, to have been repeated within that period. In such cases, the fine previously suspended may be imposed for the prior violation, along with any penalties found appropriate with regard to the subsequent violation."

Seems to me that "overnight" means just that?

Paul T

SusanW7 (Florida)
Posts: 16

Posted:

Thanks to all for your responses. It has become apparent to me that a very definite, written, rule enforcement policy needs to be established for our HOA.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

this is PRECISELY why most municipalities will post:

NO PARKING BETWEEN 11:00 PM and 4:00 AM (or similar)

instead of:

NO OVERNIGHT PARKING (implies continuously)

ps.

parking = vehicle stopped - vacant - no keys

standing = vehicle stopped - attended (loading/unloading) - keys available

stopped = vehicle stopped - occupied - keys in ignition

defs. from NYC traffic enforcement

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