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DjB2 (Pennsylvania)
Posts: 49
Posted:
Hello all. Our 33-year-old 32-unit Pennsylvania condominium development has never had any assigned parking at all, other than our four spaces for those with handicap parking permits only, placed as close to each of their front doors as possible. We have a total of 70 parking spaces on our two connected private, common area lots. We have never had assigned parking here. The fronts of 2 of our 4 rows (of 8 units each) face parking lots, that is, the parking spaces parallel the fronts of the units -- but our other 2 rows (of 8 units each) are perpendicular to the parking lots.

A couple of years ago we did put up standard tow-away signs, for those people who on occasion think it's OK to park here even if they are not a resident or guest of our development. That is unacceptable, but so far we have never had to tow anyone away, although we did come within about an hour of the deadline to tow someone a couple of months ago. As the HOA President for the last 9 years (no one else will volunteer - sound familiar?), I have read our 50 page Bylaws and CC&R's cover-to-cover (many times). Unfortunately there is absolutely nothing in them anywhere about parking, assigned or otherwise - except for restrictions against commercial or recreational vehicles.

Our documents do state that the HOA has authority over our Common Areas including our parking lots, and one of our residents, an owner, is pushing to have assigned parking (the HOA is not). I told him that at the very least the BOD would require a majority vote amongst themselves prior to implementation, and that we might require a majority vote of all 32 owners for approval prior to implementation.

I believe that any number of owners will be unhappy with the assignments, due to the way our 32 units are laid out relative to our two parking lots, and due to some owners having more than one vehicle.

We are considering just one assigned space per unit, and leave the other 40 or so spaces unmarked for any additional owner vehicles, as well as for guests. After implementation, enforcement will be as simple as first confronting the vehicle owner and asking them to move, if possible, and if they refuse (why would they?), or if the vehicle does not belong to any resident/owner, then just call the tow company and have them tow it.

We would certainly NEVER implement this plan, without first informing all of the owners of it well in advance of its beginning, even if the plan required no owner vote.

So my questions are, (1) does Pennsylvania require a majority vote of all owners for approval (I could find nothing in the Pennsylvania Uniform Condominium Act about this subject), and (2) if we've all been getting along just fine without assigned parking for decades, should we just poo-poo away the owner pushing for this (or otherwise tell him that the BOD voted against it, if that is all that is required), and (3) do you think that this would be more trouble than it's worth, or would it ultimately be beneficial for all owners and residents?

On a side note, two of our units just rented to a whole bunch of foreigners who own 7 or 8 cars that we know of. Included in their welcome package from the HOA when they moved in, they were informed that neighborly protocol here is to park just one of their vehicles curbside in front of each of their units, and park the rest of them in any of the available spaces on the other side of the lots away from the front of the rows of units. So far they are in complete compliance.

In advance, thank you for reading this long one, and for any advice or recommendations you might have. I don't know how I stumbled across HOATalk - but I sure am glad I did, as all of you are an excellent resource, and I appreciate all of the information you provide greatly!
FredS7 (Arizona)
Posts: 927
Posted:
You need to either read your documents very carefully and/ or get legal assistance.

If there is no mention of regulating parking it MAY be necessary to change the CC&Rs which may require an even higher threshold than a majority.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
DjB

The present parking scheme has been working for 33 years. Now one person wants a change and has you jumping through hoops. I say leave it well enough alone.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By DjB2 on 07/25/2015 11:42 AM
So my questions are, (1) does Pennsylvania require a majority vote of all owners for approval (I could find nothing in the Pennsylvania Uniform Condominium Act about this subject), and (2) if we've all been getting along just fine without assigned parking for decades, should we just poo-poo away the owner pushing for this (or otherwise tell him that the BOD voted against it, if that is all that is required), and (3) do you think that this would be more trouble than it's worth, or would it ultimately be beneficial for all owners and residents?


1) Don't know and it does not matter if you do not do this.
2) Ignore the request. You have 33 years of proof that says what you have works. The BOD is not required to vote on this.
3) This will be far more trouble than it is worth. If you implement this, who is going to be the one who wanders around in the blizzard checking parking permits?

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By DjB2 on 07/25/2015 11:42 AM
So my questions are, (1) does Pennsylvania require a majority vote of all owners for approval (I could find nothing in the Pennsylvania Uniform Condominium Act about this subject), and (2) if we've all been getting along just fine without assigned parking for decades, should we just poo-poo away the owner pushing for this (or otherwise tell him that the BOD voted against it, if that is all that is required), and (3) do you think that this would be more trouble than it's worth, or would it ultimately be beneficial for all owners and residents?

1. To my knowledge, not addressed in PA statutes.
2. If the board thinks it's a good idea, then pursue it. If the board doesn't think it's a good idea, let him get support on his own and pursue it.
3. Can't tell what will be beneficial in your HOA. Did you ever consider setting a limit the number of vehicles that can be parked on premises?

Sikubali jukumu. Read all posts at your own risk.
DouglasK1 (Florida)
Posts: 2,046
Posted:
As a board member, I don't really like to make decisions in a vacuum and hand down the word from on high. I bike and walk regularly in my community. When questions like this come up, I stop when I'm out and ask homeonwers I see what they think. I call this my personal straw poll, and often relate the results at meetings when the board is considering something. If a large percent of owners are for this, then you might want to proceed. Since the number right now is only 1, I wouldn't even bring this up a board meeting until I heard more interest.

Escaped former treasurer and director of a self managed association.
DjB2 (Pennsylvania)
Posts: 49
Posted:
I put the possibility of implementing this assigned parking scheme, just to our BOD. All the Officers voted against it. The one owner who originally proposed it still has not even presented his proposal to the BOD, even though he told me recently that he does have the plan complete. I'm just going to drop the issue until if or when he ever presents it to me. If or when he does, I'll tell him I'll present it to the BOD; and then at some later date - perhaps the next time he brings it up - I'll tell him that the BOD did not approve it, so he can go door-to-door to see if he can drum up majority support. Since he only talks to me about once a year, and never attends meetings, it should be a good long time before it is ever discussed again - unless the owners really surprise me and support it - which would amaze me if they did. Thanks everyone for all of your feedback - I appreciate it.
TimB4 (Tennessee)
Posts: 21,062
Posted:
DjB,

Don't say you will present the plan and not do it.

You took an initial vote. Great. Expect the same vote. Therefore, there is no problem expected if such a plan is presented.
Present the plan, explain that you are against such an idea, give the reasons why, but that the Board should do right by it's members and review what members propose.

Tim
MichelleK5 (New York)
Posts: 161
Posted:
@DJB2 (Pennsylvania)

I'm curious as to why you pointed this out;

"two of our units just rented to a whole bunch of foreigners who own 7 or 8 cars that we know of. Included in their welcome package from the HOA when they moved in, they were informed that neighborly protocol here is to park just one of their vehicles curbside in front of each of their units, and park the rest of them in any of the available spaces on the other side of the lots away from the front of the rows of units. So far they are in complete compliance."

Why point out the fact that they're foreigners? Why mention it at all if they're in complete compliance?

I'm not coming down on you, just making you aware that it does sound a bit discriminatory.

DjB2 (Pennsylvania)
Posts: 49
Posted:
@MichelleK5 (New York):

Thanks for the heads-up and the comment Michelle. You're right. In rereading my post it could have certainly sounded discriminatory, at least to you - and that was not my intention. I was just thinking about three different important things while I was typing that post (cranial multi-tasking?), and obviously I should have focused just on the one task at hand at that moment, namely that post. So thank you for pointing that out, and my apologies to one and all for any offense I might have inadvertently committed.
DjB2 (Pennsylvania)
Posts: 49
Posted:
I didn't make myself clear Tim. My apologies. While the individual proposing assigned parking here has not presented me or the BOD with ALL of the specifics of his plan, he has already told me all of the details of it, except for which spaces get assigned to which units - which is the only outstanding, currently undeclared portion of his proposal. Everything but that component (since we don;t have it yet) was presented to the BOD, and that is what they voted on already. So in essence, the BOD "did" review his proposal. Myself as current President, in conjunction with our BOD, we ALWAYS review and vote on any member proposal that comes our way. We always have - and we always will.

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