Enforcing Parking Rules

I have seen posts on this subject, however, they are from several years ago.

I am looking for advice on enforcing the parking rules for my community which is a private (gated) community. 40 townhomes all with one car garages and driveway. Cutout are for visitors.

Our CCR's addresses parking, in addition, the board created rules and regulations. The rules read that homeowners and tenants must park in garage and driveway before parking in a visitor parking space and if you do park in a space only one car per unit can park in a space All other vehicles that don't fit in garage and driveway must be parked outside the development (we have 8 spaces outside the gates for parking).

We have several residents that park in the visitor parking and leave one car in garage so it is convenient to go in and out of the garage.

Our property manager has sent notices, etc. but these residents continue to disregard the rules and regulations. One in particular is a former board member who wife parks her car in the garage and he takes a visitor space so she can go in and out without disruption.

There is one resident who has a vehicle parked in the visitor space for six months and has one car in the garage and one in the driveway,he has even had the nerve to use the residence next door which is in foreclosure and bank owned. We had one homeowner who asked her neighbor who is selling her house if she could use her driveway since she is no longer living here and she said NO and the homeowner used it anyway. It is now being rented so there are cars parked on the driveway. Our rules are not clear on duration of time one can park in a visitor space so our PM says he cannot send a letter of violation to homeowner.

We have sent out Newsletters and emails stating that residents who park in the street in front of homes, etc. will be fined, however, our Property Manager is not on property that often and only goes by what was reported. I am the President of the Association and do not want to be the "traffic police".

I have had homeowners tell me that "no one is going to tell them where to park" including a board member when he was serving on the board. All have signed receipt of CCR and declaration and closing and know they purchase into an HOA with rules. Those renting are given the Rules and Regulations and Procedures by our management company. I have also had a homeowner tell me that her husband refuses to have her park her car behind him in the driveway because he wants to park his car in the garage and does not want her to have to move her car when he leaves or comes home from work. Then we have the ones in the middle homes that park one car at the low end of their driveway so when they pull out of their driveway the can "S" turn around the car behind them, going onto their neighbors driveway!!!

Complicating matters, we have had to deal with an unusual amount of snow this year (over 65 inches) so snow is stored at the back gates, in visitors parking and common areas.

The Board is meeting tomorrow to discuss this and emend the parking rules and regulations. I want to suggest amending the parking rules according to some posts I read on this site, ie, homeowners can park in visitor space (one per unit when needed ) but for only 3 consecutive days, then give definition of "consecutive days".

I want to get stricter with residents who are violating the rules, however, I have board members that don't want to make homeowners and landlords upset over fines and create a hostile environment.

PLEASE ADVISE!!!

WOW, where to begin:


Well, the next step would likely be fines or towing.
Do your governing documents authorize monetary penalties?
Do your governing documents authorize the Association to tow vehicles that are not in compliance with the governing documents?


Sounds like the Board needs to amend the rules or applicable governing document to make it clear. If you are considering towing as a remedy in that amendment, you may want to run it through an attorney to make sure all the i's are dotted and t's crossed.


Not relevant. That would be an issue between the two homeowners and the Association should not become involved.


Again, not an issue for the Association. It's an issue between the two homeowners.


Have you actually fined? If not, the members may have the opinion that the Board is just blowing a lot of hot air.

If you make a threat about enforcement (fining, towing, etc.) you need to follow through with that threat or risk not being taken seriously.


Then, if this is a major issue, perhaps you need to spend more money so the PM is on the property more or hire a new PM that can spend more time on the property.


Again, if this is a major issue, perhaps the Board needs to form an enforcement committee, hire an additional individual to look for parking violations or simply choose not to enforce.


Sounds like the fines are not high enough or you need to institute towing as an enforcement option.

I like to respond to those individuals by saying that I'm simply following the governing documents, that I don't like the rule that much either but I'm tasked with enforcing it as there isn't enough volunteers willing to do the work to amend the governing documents. I then ask if they would like to submit their name for nomination to serve on the Board and be part of the decision process or chair a committee to draft proposals and gather support to amend the documents. Typically, they shy away.


Again, not an Association issue but an issue between the two homeowners.


Personally, having gone through high amounts of snow in the past, as long as the plows and vehicles can get through we, as a Board, know that the issue is the weather and when the snow melts parking will go back to normal.

The other option is for the Board to incur the expense of loader service from their contractor to haul the snow out of those parking spaces. However, this can get very expensive.


Sounds like a good plan providing you have the people on site to identify when vehicles have or have not been moved.


This seems to be the crux of the problem.

You can never please everyone and it's up to the Board to make the decisions. The Board decides by majority and if there isn't support for enforcement, then perhaps it's better to put your energy elsewhere (like finding others who believe as you do to serve on the Board and make the changes you see needed).

Here is the problem with that argument: Define storage and how long an item can remain until it is considered stored.

Per Merriam Webster, storage is defined as "the act of putting something that is not being used in a place where it is available, where it can be kept safely, etc."

Based on your interpretation that that section of the CC&Rs about storage applies to parked cars, every car that is parked on the common area could be considered in violation of the CC&Rs. Since the definition of "storage" does not have a time limit associated with it, even a car that is parked overnight or a few minutes would be in violation of the CC&Rs. Therefore, per your interpretation, the rule allowing any vehicle to be parked in the visitors spot would be in conflict with the CC&Rs. Additionally, it could be argued that that section of the CC&Rs wasn't intended to be applied to automobiles because 1) the CC&Rs, per your posting, addresses parking in a separate section and 2) the rule of the Association regarding parking doesn't define a length of time a vehicle can be parked.

The problem, as you pointed out in your initial post, is two fold:

1) Your rule leaves it open to interpretation
2) Your Board doesn't want to be the "parking enforcer"

My suggestion is to stick with resolving the actual issue vs. opening the Association up to potential legal action by applying a section of the CC&Rs that may have not been intended to apply to parking of vehicles OR at the very least, seek a legal opinion on your interpretation to see if it's valid and chances of winning in court if challenged.

Oh, and I forgot to mention, our rules prohibit storing vehicles in an overflow space for more than 3 days without moving. If more than 3 days, the car is stickered a tow deadline of 24 hours if not moved.

Carol - we don't call ours "cut-out" parking spaces, so you may be referring to Maureen's post. In our community, we have 24 unassigned parking spaces or "overflow" spaces and parking on the street is not allowed because it's too narrow. Florida's Fire Code requires streets to have an unobstructed width of 20 feet.

Maureen and Lori,

No matter how draconian you get with your rules, your parking problems will never be solved. Your developers failed to put in enough parking. Worse, however, is that each of you chose to purchase in such a development. Come on, you had to notice the scant parking when you first looked.

Look for a realtor and look for a mover. Put the place up for sale and find something with some elbow room. Let those who choose to remain deal with the parking problems.

Larry,

I'm not complaining. I agree that the developer didn't put in enough parking, but I only have 2 cars and my home has 2 parking spaces, so I always have a parking space. I did notice the scant parking when I moved in, so my entertaining is done elsewhere so my guests don't have to worry about finding a parking space. What I do have a problem with is the residents who deliberately create a problem for others by using a space designated for others simply because they don't want to be inconvenienced!

Owners have complained about the lack of parking in our community for years and they expect the Association to adapt parking to meet their needs. We basically tell them the same thing you said...the parking situation is the same as it has been since the community was built in 2005 and we can't construct any more spaces! I agree with you, if the parking situation doesn't meet your needs or foreseeable future needs, why did you move here in the first place???

Maureen, how did the meeting go? What decisions (if any) did the Board make?

Lori--sorry! Yes, I did get you & Maureen mixed up.

In any case, in our downtown setting, we have 211 high rise units and 350 deeded parking spaces in three levels underground. We have 16 Visitor Parking spaces in which residents, we all have windshield stickers, are never allowed to park. Visitors only get a pass for a mx of three days, though that rule is bent sometimes.

This was not a developer error. In fact our 16 spaces are a lot compared with many downtown high rises. Developers want to use scarce expensive land efficiently so put in as few parking spaces as they can get away with.

So, there aren't enough deeded spaces for every unit if occupied by two people. Many 1bd. +den only have one deeded space.

Before they move in, presumably residents know that parking is scarce and offsite is expensive. Residents who park in VP are warned once and towed if they violate again.

The Board decided to enforce "extreme" parking violators. Most of the residents once they receive a letter do not violate again, if they do they receive a fine.

We have ONE homeowner who has parked his vehicle in a common spot for over 10 months without moving it once. Several homeowners have complained. The vehicle has an expired sticker on it but the registration stickers on the license plate are current. Our bylaws state that no unlicensed vehicles can be parked on the property, and vehicles cannot be stored on common property. Our rules and regs state that vehicles must be parked in garage and driveway first before using a common spot, but then adds that a resident can park in a
cutout" when all their other areas (garage and driveway) are not available.

Our property manager has sent letters and fined this resident. He is claiming that the board is "harrassing" him. We have several homeowners complaining to the board about this vehicle. The homeowner is not budging on this issue and continues to leave his vehicle there, even though there is room in his garage and driveway.

We don't have anything written in our bylaws that allow towing. We have common areas outside the gates for parking which is near his home. I don't know why this homeowner is being so stubborn. The board is meeting in May and this will be on the agenda. Other than fines, I don't know what we can do to get the vehicle moved.

Carol,

The following is our fine schedule. I contacted the property manager today asking what fines have been imposed and for what amounts and if they were paid. This homeowner is saying that the board is harassing him sending letters. My feeling is that he bought into an HOA with rules and he must abide by them.

1. First Notice: Courtesy letter of compliance
2. Second Notice: Twenty-five dollar ($25) fine per week (for each violation until corrected)
3. Third Notice: Fifty dollar ($50) fine per week (for each violation until corrected)
4. Fourth Notice: One hundred dollar ($100) fine per week (for each violation until corrected)

Carol,

The following is our fine schedule. I contacted the property manager today asking what fines have been imposed and for what amounts and if they were paid. This homeowner is saying that the board is harassing him sending letters. My feeling is that he bought into an HOA with rules and he must abide by them.

1. First Notice: Courtesy letter of compliance
2. Second Notice: Twenty-five dollar ($25) fine per week (for each violation until corrected)
3. Third Notice: Fifty dollar ($50) fine per week (for each violation until corrected)
4. Fourth Notice: One hundred dollar ($100) fine per week (for each violation until corrected)