Vehicles to be Forced to Park Vehicles with License Plate Showing

One unit owner is telling the Board that they must enact a new law that vehicles when parking at
the condo complex (condos.... not houses). In this way, one can see the license plates on each vehicle
to see at an instance if the vehicle is up to date on registering... ALSO by parking their vehicles in frontwaysw(
into assigned carports), the exhaust will not be forced into the condo units that are nearby the carports.
Is this something that an HOA should enforce? Even if the vehicle(for example) is NOT up to date on
its registration, we do not have a towing policy whereby the HOA can authorize the vehicle being towed. Many of the vehicles
belong to individual owners who live in New York... Canada... etc.

Alex,

The phrase "a new law" confuses me. Are you saying that there is a new state law that requires this or is this owner demanding that your board enact a new rule for your association?

If it is a state law, let the concerned owner call the police.

If this owner is asking for a new rule, suggest that he call a meeting where all the other owners can decide in an election whether they want want your association to be in the smog-and-license enforcement business.

Matt:

No.. not a new law.. but the owner wants the Board to change the regulations and include it in our new regulations for the complex.
not sure if JUST the board members can make that decision.

Depending on your governing documents, Boards typically have full authority over the common areas. Expecting this to be the case, adopting such a rule would only require the Board to adopt a resolution and publish it to the membership.

Of course, the next Board could undo what the current Board did, etc. etc. etc.

Hopefully you've elected strong intelligent individuals to the Board who will listen to common sense and do what is best for the Association.

I am not so sure it is that simple.

Unlike an HOA where the association owns common areas such as playgrounds, condo associations do not own the common areas (at least not in my area.) Each owner owns an undivided portion of the common areas. Whatever limits there are on the use of the common areas must be spelled out in the CC&R’s as the owners’ consent is required; it is their property. Even if the CC&R’s give the board the authority to assign parking, it is not likely that the board has been empowered to designate what direction a vehicle must face when parked.

If I were on the board of Alex’s condo association, I would give the owner who is concerned about what direction cars are parked two choices:

1)Secure sufficient signatures on an amendment to the declaration to enact this restriction while remembering that if less than all owners agree that the restriction cannot be imposed on existing owners; or

2) At his own expense, obtain a written opinion (with full references to all authorities relied upon) from a licensed attorney that would lead to the conclusion that they board may adopt the proposed rules but further require that the owner post a bond to indemnify the association against any lawsuits arising from the rule.

Our condo HOA's CC&Rs give the board the authority to make/change/delete rules re: our common areas and exclusive use common areas so long as they don't conflict with the CC&Rs or municipal/state/federal laws. CA has other requirements too as noted in my above.

But this raises another question for Alex: You say that the carports are assigned. Does this mean that the Board assigns them? Or are they actually deeded to units?

carports are deeded to owners.