Visitor Parking - Small HOA

I am looking for advice on enforcing the parking rules for my community which is a private (gated) community: 6 owners all with one car parking space and one for a visitor. We have one owner, member of the board, causing problem with the visitor parking. Her guess has a vehicle parked in the visitor space for an indefinite time. There is nothing in writing in our rules and regulations that prohibit a vehicle to be parked for an indefinite number of days. We have sent out an email stating that residents who park in the visitor space, as a courtesy, use common sense while allowing visitors, so we can all use the parking for our guest and visitors. Unfortunately, the owner has not taken action and the vehicle remains parked. We have sent out an email saying that she has 24 hours to move the car otherwise it is going to be removed by a towing car. She has threatened to take legal action if we do towing. Can she sue us? In Texas, the spaces of visitors can be reserved for emergency vehicles as in California?

Thanks!

Maria,

As Janet pointed out, if there is no rule being broken then there is nothing that can be done.
Once a rule is made like (visitor space is for visitors only) and you help identify visitors by utilizing a visitor parking pass at the gate, then something can be done.

The Association set the situation up leaving the guest parking space open for first come first use.
Don't fault someone for taking advantage of the situation unless you are willing to fault the Board who created the situation.

Suggestions:

Establish a visitor parking pass.
Establish a time frame that the visitor parking can be used (i.e. no parking between the hours of)
Re-stripe to remove the parking space
See if additional parking spaces can be created (long term fix)

The unfortunate issue is that most families of at least 2 vehicles. With the economy being what it is, many families are finding adult children staying with them longer than expected or moving back home. This adds additional vehicles to the household. I just wish developers would realize this and actually have enough parking spaces for a minimum of 2 vehicles per home. Ideally 3 per home.

Kerry, here is what we have regarding parking in our R&R:

Rules and Regulations - Page #3

E. Parking Area Regulations:

1. Each unit has one (1) assigned parking space.
2. All automobiles or other motor vehicles parked on the Property must be in working order, with current registration, vehicle inspection stickers and properly insured. No maintenance or upkeep of motor vehicles is allowed on the Property. No RV's, trailers or large trucks which require a CDL are allowed on the Property.
3. Parking spaces may not be used as storage spaces for household or other items.
4. Non-assigned parking spots shall be available to all residents and guests on a first come/first served basis.

As you can see, there is nothing that says that a car of a owner or guests can not be parked for more than 48 hours in the space of visitor. We are a very small and gated community: only 6 units, 6 parking spaces and one space for visitors. If the visitor space is occupied then guests have to park on the street, out of the property.

Well, then, and as Tim suggested earlier and I agree, your going to need to revise your parking rules, esp. #4, so that the common area spaces are not tied up for such long periods. Rules & Regulations usually are fairly easy to change, but you need to find out what is required in your state. Look at your other documents first to see what they require.

Since it sounds like your guest parking is in the common area, you like we do, could have offenders towed and you need to learn about that too in your state. And, then, enforcement is the big question.

What about to re-write the #4:

4. (Suggested) Non-assigned parking spots shall be available to all residents and guests on a first come/first served basis. Any vehicle of owner, tenant and guests parked in this space cannot stay longer than 24 hours parked. If any owner or tenant want to make use of this space for a guests for more than 24 hours must notify in advance to the HOA and the Association shall decide by vote if permission is granted. Any vehicle parked without displaying a valid authorization of the HOA is subject to the issuance of a citation, booting, and/or towing. It is prohibited to any vehicle that has violated or abused of visitor space to park again in the future.

What do you think?...

Another suggestion:

Propose a rule that any HO who has a vehicle in the guest space for more than X days per month pays a $Y per day fee to the HOA for the additional days.

If one HO is taking advantage of a space that is intended for all, then I expect that you will be able to get 5 HOs to agree to put such a fee in place. It is not private space. And she is not paying for dedicated use.

You may still have enforcement issues, but this would be far better than messing with her car or creating actual expense (like towing costs).

Maria:

You need to check your State and Local laws with regards to towing. Then write and vote on document changes based upon the laws allowed. What you have proposed would be reasonable only if allowed under the law.