Enforcing Sub-association parking restrictions

SusanB26 (Florida)
Posts: 12

Posted:

I am on the BOD of my Florida homeowners master association. The master association consists of several sub-associations and each of the sub-association documents limit vehicle parking on the street: "No vehicle shall be parked within the Properties except on driveways or within garages". The master association documents are silent on parking, apparently because they do not own roads - all the roads are the responsibility of the sub-associations.

The master association contracts with a security patrol company and they patrol all the roads of the sub-associations at night.

In the past, the security patrol issued parking violations when they found a vehicle parked on the street of a sub-association overnight. Then the master board contracted with a new security company, and the new company was not provided with the inventory of parking violations.

The sub-associations have requested that the new security company resume issing parking violations; however, one of my fellow master board membes thinks that we need a written policy and a legal opinion on whether the master board should be enforcing the sub-association's restrictions on overnight parking.

I have been tasked with writing policy to address this and I am hoping this forum can give me advice on how to get started.

AnnH4 (Florida)
Posts: 53

Posted:

Quote:

Posted By SusanB26 on 06/17/2013 5:40 PM
I am on the BOD of my Florida homeowners master association. The master association consists of several sub-associations and each of the sub-association documents limit vehicle parking on the street: "No vehicle shall be parked within the Properties except on driveways or within garages". The master association documents are silent on parking, apparently because they do not own roads - all the roads are the responsibility of the sub-associations.

The master association contracts with a security patrol company and they patrol all the roads of the sub-associations at night.

In the past, the security patrol issued parking violations when they found a vehicle parked on the street of a sub-association overnight. Then the master board contracted with a new security company, and the new company was not provided with the inventory of parking violations.

The sub-associations have requested that the new security company resume issing parking violations; however, one of my fellow master board membes thinks that we need a written policy and a legal opinion on whether the master board should be enforcing the sub-association's restrictions on overnight parking.

I have been tasked with writing policy to address this and I am hoping this forum can give me advice on how to get started.

Is your community gated? If these are not private roads, what do your local ordinances say about street parking? I live in a non-gated community with public roads and our county prohibits street parking. If you are in fact gated, you probably do have authority but getting a legal opinion is always a good idea when in doubt.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Susan,

As a master association president (which I'm one), I'd only involve the master association in matters that affect master association property and direct operations. Therefore, "no." Let the sub-associations pay (or collectively hire) their own security to enforce sub-association policies.

Your assertion that the sub-association's have street parking restrictions rather than the master association gives me this opinion. You're inheriting others' headache and active management unnecessarily.

AnnH4 (Florida)
Posts: 53

Posted:

Quote:

Posted By SusanB26 on 06/17/2013 5:40 PM
I am on the BOD of my Florida homeowners master association. The master association consists of several sub-associations and each of the sub-association documents limit vehicle parking on the street: "No vehicle shall be parked within the Properties except on driveways or within garages". The master association documents are silent on parking, apparently because they do not own roads - all the roads are the responsibility of the sub-associations.

The master association contracts with a security patrol company and they patrol all the roads of the sub-associations at night.

In the past, the security patrol issued parking violations when they found a vehicle parked on the street of a sub-association overnight. Then the master board contracted with a new security company, and the new company was not provided with the inventory of parking violations.

The sub-associations have requested that the new security company resume issing parking violations; however, one of my fellow master board membes thinks that we need a written policy and a legal opinion on whether the master board should be enforcing the sub-association's restrictions on overnight parking.

I have been tasked with writing policy to address this and I am hoping this forum can give me advice on how to get started.

Is your community gated? If these are not private roads, what do your local ordinances say about street parking? I live in a non-gated community with public roads and our county prohibits street parking. If you are in fact gated, you probably do have authority but getting a legal opinion is always a good idea when in doubt.

SusanB26 (Florida)
Posts: 12

Posted:

Each sub-association community is gated and each sub-association's roads are considered common area.