My Neighbor's Parking Entitlement Syndrome

Hello Everyone,

I need some guidance to see if I am off base in my thinking regarding an ongoing situation with my neighbor, my community and HOA board.

I live in a nice Townhouse community where several units including my own have no garage/driveways. Instead there are a series of parking lots off a private drive directly in front of each unit of 5 homes. There are a total of 11 parking spaces in each lot. There are also overflow parking lots nearby.

Although the most straightforward and equatable way of apportioning parking privilages to homeowners is that each gets assigned the 2 spaces directly in front of their homes, the HOA is still under the control of the builder, and they say they don't want to make any decisions a later elected board of homeowners might not approve. I think thats BS. My view is they don't want to get involved in potential conflict. In any case, an elected board of community members will not be seated for at least 2 years because the community has to be 75 percent complete before control can be transferred.

As a result of the board/builder's decision or lack of decision, there are few if any rules concerning parking privilages of homeowners. This has led to numerous problems at times in the community, especially on those occassions when a resident is hosting a social gathering. Party guests often don't seem to care about the rights of property owners to park in front of their homes.

However, the above is only an infrequent annoyance compared to the problem I am having with my next door neighbor. He and his wife already have two vehicles which are regularly parked in front of their home (his vehicle sits there 99% plus of the time since he rarely uses it). A few months ago his stepson began driving a vehicle of his own, a jacked-up offroad Jeep Cherokee, and without so much as a comment he began parking it right in front of my home. I only have single vehicle currently, but I (and my neighbors also) like having an open spot for guests. My other adjoining neighbor's utilize both the spots in front of their home.

So assuming this kid with the offroad Cherokee with giant tyres just turned of driving age I am going to have to get used to this monstrousity sitting at the end of my walk for the next 2 to 3 years? No way! I thought to reason with one of the two adults in that household, even compromising by asking them to park one of their other two less offense vehicles in front of my house. However, they are notorious assholes. And by doing that I am essentially giving them my blessing to one of the spots directly in front of my home permanently. Instead I am seriously thinking of purchasing a second vehicle and thus claiming my space that way. There is no rule which prohibits that action. And this situation is bothering me enough to go to that length.

The ALLMIGHTY has spoken.

Heed his Word.



There are NO SUCH RIGHTS unless spelled out in the Covenant.

get it ? almighty / covenant

ps. many corporate directors actually think they are gods

Thank you that is very helpful, and may serve as a framework that I can present as an intirm solution to the board.

Charles,

This may not be an accurate statement from the Board.

Expecting that the roads and parking areas are common area, the Board may adopt rules and regulations that apply to common areas. Hence, a parking plan that fairly assigns an equal number of spaces (depending on the number, you might only have 1 space assigned) to all lots would be considered fair and reasonable.

That is the way we did it initially.
As a policy resolution for the common area.
Then, when we amended our governing docs, we made it part of the CC&Rs to ensure that it would be difficult for a future board to change.

The authority to make rules that apply to common areas are in VA statutes for HOA (I expect that they are there for the Condos as well but check to be sure). Typically, this authority is also within the Bylaws (expecting that you have similar boiler plate bylaws as we did).

Why not take the time and draw a map showing the parking spaces.
It will certainly take time but I've found many are willing to support proposals if they only have to approve it. Additionally, having a drawn map with suggested assignments will enable a better illustration for members to comprehend what you are recommending.

If you go to the County and purchase a copy of the PLAT, it will give you a good starting place for drawing your maps.

If desired, I will show you our maps (minus the actual parking assignments) so you can have an example. Contact me: [email protected]

Charles

If Pita is correct I suggest you start by finding out if local laws require two parking spaces per unit. If so, then approach the builder/declarant/BOD with the simple request of obeying the law.

Then suggest to comply, they somehow number the two spots. With only one vehicle, you then might be able to rent out one of your spots.

In this case there is a difference between what a builder is required to build, and how it is used. Even if we accept that "most" building and land use requirements demand that a developer construct two parking spaces per unit built, it is unlikely that the law requires that these spaces be apportioned to the individual units. You can look, but I doubt that you will find any such law.

But are there enough spaces for all the homes in the development to have 2 spaces assigned?

That is what the Board must look at.

When we purchased a town home, that was a criteria, that there were two assigned spaces. You chose to purchase within a new development that didn't have that rule. Therefore, the only way to ensure you have a specific parking place is to rotate your cars. Good luck with that. At some point all your vehicles will be gone and, since the spaces are on a first come first served basis, it might be taken when you return.

previously stated:

[quote[ The developer was and is only required to allocate 2.3 spaces per home .....