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How does your HOA identify guest vs residents?

Started by MichelleC8 • 17 replies • 857 views

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MichelleC8 (California)
Posts: 80
Posted:
Our HOA has some specified rules that apply to residents or owners. For example no guest shall park in the identified disabled parking. That is clear for residents or owners use only. We have a few other rules similar like pool use gym etc.

When there is a known regular guest in place does your HOA require to have who it is in record for emergency and what constitutes a resident? An owner sayin oh my mom or my girlfriend lives here now, does that suffice or do you require records- mail or any other identification indicating a person lives there.
We have one unit who seems to have turnstile on his front door. Last month his girlfriend and children were “ residents” now that aren’t now his mom
Is living there supposedly. Our rules are set to prevent guests from taking away owner privileges- like use of the gun, pool or even the disabled parking.
KerryL1 (California)
Posts: 14,550
Posted:
Can you supply the wording in your documents that prevent guests from using the pool, and gym?

Ours, for instance, do permit guests to use the gym & the pool but only if accompanied by owners.
MichelleC8 (California)
Posts: 80
Posted:
That is exactly how it is worded. Our parking stayed parking is for residents only. How do you know someone is a resident? Just because someone I saying they are doesn’t mean anything
MarkW18
Posts: 1,290
Posted:
If I have a disabled placard or license plate, it doesn't matter IF you have it limited somehow to residents or guests, I, as a guest can park there.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
The guests don’t snarl at the Board members when they pass them on the sidewalk?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
might be violating state or federal laws. if there is a handicapped sign, a handicapped person can park there.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By GeorgeS21 on 01/27/2020 5:22 PM
The guests don’t snarl at the Board members when they pass them on the sidewalk?

LOL
GeorgeS21 (Florida)
Posts: 3,808
Posted:
The guests park their cars between the two lines.
DennisS10 (Arizona)
Posts: 2
Posted:
My experience is more with the card rooms than other facilities. Our rule is that basically every guest is the guest of a specific resident. We have one smaller card room for poker night and if there are too many that show up, it is a guest who has to give up a seat to a resident, no matter who showed up first. Other than that we haven't had any real problems.
MichelleC8 (California)
Posts: 80
Posted:
Not according to our HOA attorney.. our rules and ccrs state there is NO GUEST parking in the garage., this includes disabled parking as this is for residents use only.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MichelleC8 on 01/28/2020 9:05 PM
Not according to our HOA attorney.. our rules and ccrs state there is NO GUEST parking in the garage., this includes disabled parking as this is for residents use only.

And how exactly do you know that is is a visitors car and not a rental or a loaner car? Could be a roommates car etc You're asking for trouble if you tow a lawfully placard vehicle from a handicapped parking space..
GeorgeS21 (Florida)
Posts: 3,808
Posted:
The guests are nice to the staff.
SheliaH (Indiana)
Posts: 6,964
Posted:
Have you tried enacting a parking permit system? People parking in the disabled spot should have a tag and if this spot is for a specific homeowner I would think the owner would have a tag issued by the bureau of motor vehicles and you can give him/her another tag that might go in the dashboard. Hire some off duty cops to do periodic patrols - if they see a car and BOTH tags are missing, they can ticket it or have it towed away.

As for everyone else, you might number the parking spots designated for residents and assign each unit a spot and issue a parking pass. From there, it's up to the homeowner to ensure he/she keeps track of the parking pass for that spot, so if he/she wants a friend to park there, he/she is responsible for handing over the pass and getting it back when the guest leaves. A fee will be charged for lost/stolen passes. Guests have to park in whatever's left on a first-come-first-serve basis (they'll have to settle arguments among themselves).

Some HOAs have towing companies do a drive through from time to time and they tow away cars without tags, inoperable cars, etc. BEFORE you go that route, please talk to your association attorney so you can check city/county regulations on whether that's permissible and whether you have to give a warning to the driver before taking the car.

Once you have a policy, be sure to notify the homeowners with an effective date, giving them 30 days or so to contact the property manager, if appropriate, to get a pass. Since people do rent cars, have company cars and such and the type of car can change, it may be easier to keep track by saying on X date, a parking pass was sent to Mr. Y (check the owner roster to ensure it's going to the right person, and the owner needs to ensure the property manager has the current name and address on file).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By SheliaH on 01/29/2020 7:22 AM
Have you tried enacting a parking permit system? People parking in the disabled spot should have a tag and if this spot is for a specific homeowner I would think the owner would have a tag issued by the bureau of motor vehicles and you can give him/her another tag that might go in the dashboard. Hire some off duty cops to do periodic patrols - if they see a car and BOTH tags are missing, they can ticket it or have it towed away.

As for everyone else, you might number the parking spots designated for residents and assign each unit a spot and issue a parking pass. From there, it's up to the homeowner to ensure he/she keeps track of the parking pass for that spot, so if he/she wants a friend to park there, he/she is responsible for handing over the pass and getting it back when the guest leaves. A fee will be charged for lost/stolen passes. Guests have to park in whatever's left on a first-come-first-serve basis (they'll have to settle arguments among themselves).

Some HOAs have towing companies do a drive through from time to time and they tow away cars without tags, inoperable cars, etc. BEFORE you go that route, please talk to your association attorney so you can check city/county regulations on whether that's permissible and whether you have to give a warning to the driver before taking the car.

Once you have a policy, be sure to notify the homeowners with an effective date, giving them 30 days or so to contact the property manager, if appropriate, to get a pass. Since people do rent cars, have company cars and such and the type of car can change, it may be easier to keep track by saying on X date, a parking pass was sent to Mr. Y (check the owner roster to ensure it's going to the right person, and the owner needs to ensure the property manager has the current name and address on file).


This was about disabled parking
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Michelle

It seems you issue is with one owner. While burden all for the misbehaviour of one? That owner is jerking you around and so far, he seems to be winning. Let the warnings and fines begin.
MarkW18
Posts: 1,290
Posted:
If you want to give one owner preferential parking then do so. But once you designate one space for disable persons, ANYONE with proper credentials is allowed to park there. Denying such credentials opens you up to federal law.
SheliaH (Indiana)
Posts: 6,964
Posted:
Yes, but some of the same objectives apply. If the spot is designated for ANYONE with a state-issued handicapped parking sign, people need to understand if you park there (visitor or resident), the vehicle must have a current handicapped tag and that space is available on a first come-first serve basis. If residents are able to use it, fine.

If, however, you want to designate that spot for residents, you'll have to assign it to someone who has a handicapped tag. Number that spot and give him/her a second tag indicating he/she is a resident. The sign at the spot can say handicapped reserved for Permit #12 or something like that. That spot is exclusively for that resident, so guests won't be able to use it.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JeffT2 (Iowa)
Posts: 880
Posted:
It is difficult to exactly define a guest. It may require a judgment call, or a vehicle registration. A guest is a person who stays with a resident on a temporary basis (under 30 days) with a suitcase or two. Any of the following may be indications a guest may really be a resident:

the person moves in with furniture and/or belongings
the person tells people that they are living here
the person receives mail here (and/or packages)
the person does not have another local place of residence
the person's car is parked here consistently here at night
the person resides here (or will likely reside here) for 30 (20?) or more days
the person lives in the property when the owner is not present
the person pays rent or helps out with expenses or shares expenses
the owner or primary resident collects money from the the person
the person rents a room in the property, or contributes in exchange for the room

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