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PeteR2 (Maryland)
Posts: 2
Posted:
This will probably echo another posting with a slightly different variation. I live in a townhome community with 110 units. All of the 110 units have a two car garage and equivalent size driveway with the exception of 10 units which are suited with one car garage and an equivalent sized driveway.

In the community there are common parking spaces totaling 55 spaces. Most all of these spaces are occupied by those with two car garages for various reasons; garage full of junk, desire for unencumbered entrance in to the garage, greater than 2 cars, people storing cars by moving them every 7 days, etc.

The owners of the single garage units are often left walking large distances from their unit to an available common parking spot due to the nearest spots being filled.

In researching the bylaws, my understanding is that owners must park their vehicles in their garages and driveways before using the common spaces.

I brought this to the attention of the HOA board by attending meetings. Initially they sent letters to several individuals, only one of which altered their behavior. I further pushed the issue with the HOA board and I was essentially told tough. I specifically asked if they were unwilling to enforce their own rules and their reply was ‘Yes’.

I really am not looking for the rules to be enforced tooth and nail, just have available parking near the single garage units. As an alternative I suggested the HOA allow for assigned spaces for the single garage units so they would have the opportunity to park 2 vehicles near their home. I was told No. Note there is verbiage in the by-laws to assign parking spaces if “…if it is determined that there is a particular need of a Unit Owner”

We are also not allowed to park on the street. I raised the point if they were unwilling to enforce the other parking rules that I should just park on the street. They essentially said they would enforce that rule and would fine or tow.

My next move is to try writing all the home owners and see if I can garner support to make some changes or at least have the opportunity to reserve one parking space. I am unhopeful of this since most people don’t seem to care and lots of the homes around me have gone rental whose inhabitants really don’t seem to care.

I would sure hate to have to make a legal challenge, but find it annoying after renting for 10+ years I have had a worse time parking at a place I own than I ever did parking in an apartment.
Would appreciate any input.
Thanks

TimB4 (Tennessee)
Posts: 21,059
Posted:
Petition the Board to assign specific lots to those homes with only a single car garage to make the available parking more equitable. All other spaces can be first come first served.

You may actually want to do the work ahead of time (draw map, identify where the assigned spaces should be, etc.). I have found many are willing to approve something already done if they don't have to do the work themselves.

Our Association is also a townhome community, 130 lots with zero garages or driveways. The Board developed a parking plan to assign two spaces to each lot and that those spaces would be as close to the front door of the lot as possible. It took time and more time getting the residents used to the idea. However, over time it has made our residents happy.
AugustinT
Posts: 15
Posted:
Quote:
Posted By PeteR2 on 01/27/2016 3:06 PM
[snip for brevity]
I would sure hate to have to make a legal challenge, but find it annoying after renting for 10+ years I have had a worse time parking at a place I own than I ever did parking in an apartment.
Would appreciate any input.
Thanks

Do the HOA's governing documents give renters any power?

If not, then do the terms of your lease give you recourse with your landlord/landlady regarding parking terms?

RichardP13 (California)
Posts: 3,868
Posted:
IMO, you purchased the home with the number of space available to you. If it was a one car garage with comparable driveway, you purchased a home with two parking spaces. Same applies to the individual with two car garages, they have available four spaces. That should have no bearing on the 55 spaces in the common area.

Possible solutions.

1) Set up paid parking spaces
2) Assign one parking permit to EACH unit and it would be first come, first serve.
3) Assign parking spaces based on need. They must follow a set of rules before they are assigned a space. They MUST utilize ALL available spaces before they can be assigned a space. Garages are not for storage, especially when there is a shortage of parking. Clean out the garage, do a community wide yard sale, get them to use public storage, but garages are for car, not storage.

If the present Board can't come up with solutions, find people that will.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Note too as a renter, the board doesn't have any responsibility to you. The association is made of the unit owners, and those owners elect the board to represent them. Have you talked to your landlord about working this issue for you? Another option is if a resident has a disability, they could try asking for ADA accommodation in assigning a spot.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The OP is not a renter. He is an owner. He just made reference to when he was a renter, he had less issue than he does as an owner and he may not even be referencing the same complex.
AugustinT
Posts: 15
Posted:
Pardon my stupid mistake. I misread. The OP is an owner.
AugustinT
Posts: 15
Posted:
You can certainly try patient, neighborly, loving persuasion of all. If you've had it with the latter, here's my take on the quickest, sure-thing solution. Either --

1.
Give the time to electing a board favorable to your parking plan.

2.
In parallel, check your governing documents for the enforcement rights of individual members. Under the gov docs, can an individual member, in lieu of the board, bring suit to enforce the CC&R's, Rules, Bylaws, etc? In some HOAs' gov docs, this is explicit and helps in taking legal action. Document all the attempts the board made to enforce the rules. Consider writing a letter yourself to the violators, return receipt requested, explaining nicely that you are at a loss for the situation, frustrated, and ready to hire an attorney to file suit against them. Google for "letter of demand" for advice on wording. Add your understanding that these suits are generally successful for the plaintiff, with the defendant responsible for all attorney's costs. If your letter is ignored, then hire an attorney to write a letter of demand to the violators. This will cost a few hundred dollars. Less if you draft a good version first and just have the attorney sign it. If this letter is ignored, sue.

Some to all of these HOA members will have household insurance that covers their attorney's costs. Or the insurer will tell them they are out of luck.

Your state court system may have a free legal clinic that can give you guidance. If you have the time, motivation and smarts, you could go pro se and very likely prevail. But courts will not award you attorney fees, as a pro se person. You'll win enforcement of the covenants and that's it. If you are not that smart, and the defendants hire an attorney, don't do it.

Maryland's HOA law does not seem too helpful. In some states today, HOAs are required to enforce the Rules, Bylaws, et cetera. A HOA member in such a state names not only the rule-violator as a defendant, but also as desired, the board.

Legal action is awful, as it sounds like you know. People will become your enemy. Not all but many. But unless one has the energy to get a new board elected, it's usually the only way.
PeteR2 (Maryland)
Posts: 2
Posted:
Thank you all for your thoughts.

TimB4 – This is part of my plan to present to the board. I am trying to selectively contact owners of single car garages to see if I at least have their support.

AugustinT – No, the renters have no power. The owners are supposed to provide the renters with the parking policy. There is a steady enough turnover with the renters that new parking behaviors show up regularly. I will give your second post some additional thoughts.

RichardP13- I was told as much, that I should simply park 1 in the garage and one in the driveway. I felt that would be fine as long as everyone else was forced to do the same, which would actually be following the rules. They scoffed at that notion as well.

Overall what I am guessing is that most board members are violating the parking policy themselves hence they do not want to change it. They basically offered no solutions or help.
NpS (Pennsylvania)
Posts: 4,216
Posted:
A plan:
These 40 spots are open parking.
These 15 spots are by permit only. Permit issued by HOA - must be visible through front windshield. Multiple violations by same vehicle will result in a fine.

In the alternative, you could get a troll who comes out from under the bridge where he lives to eat the children of violators. If no children, eat pets. If no pets, egg vehicle.

Sikubali jukumu. Read all posts at your own risk.

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