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AaronJ (California)
Posts: 48
Posted:
Our Board is updating the association Rules and Regs. Current penalties for violating parking rules are very specific (i.e.: If no permit is displayed, after 24 hours a warning is issued, 48 hours citation, 72 hours, towed).

The board is proposing to make this rule very generic. Such as, "Parking permit is required to be displayed while parked on the property. Violators are subject to warning, citation, or tow."

What are the pros and cons of the generic rule?
PitA
Posts: 311
Posted:
courts have repeatedly ruled that:

vague = unenforceable
KerryL1 (California)
Posts: 14,550
Posted:
Just curious, Aaron. How do you/will you enforce these rules?

Ours is similar to your proposed revision. A "courtesy" letter after the first violation is all it takes. We do have the authority & signage to have vehicles towed from our common areas, but have not. Occasionally, owners have had a vehicle towed from their deeded parking spaces if no one can reach the car's driver.

We have security officers on the premises at all times, so they usually are the ones who take action.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Aaron

While my initial blush was the updated rule is fine, the more I read it the more I like the original rule as it is concise. Leaves no room for things like "well they towed me within 12 hours and let my neighbor's (a member of the BOD) car sit for a week".

Unequal enforcement (selective enforcement) is the root of many legal actions.

I say be clear, concise, and apply equally.

AaronJ (California)
Posts: 48
Posted:
Kerry,

We have a security company that we use to enforce the rules. We have actually gone through a couple trying to find one that will actually do what they promise, but thats a different issue.

I agree, I like the more clear, specific rule and does not leave it up to each individual security to use their discretion. One board member says we should leave it general then tell the security company how we want them to enforce it. My feeling is why keep the procedure a secret? If we know how we want it enforced then put it in the rules that way.

KerryL1 (California)
Posts: 14,550
Posted:
I disagree that the new suggestion is "vague." It works just fine here and is not vague. It does give security and your PM or whomever else may be invalided some leeway that COULD promote favoritism. But, again, that's never happened here. Your existing one, Aaron, sure is more concise and exact, but if violations aren't enforced immediately, perhaps your Board is getting complaints?

This is the second posting of yours that refers to "one board member." Is it th same person in both? Are other directors mute or do they have no opinion?

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