Tenant parking problems

Our Association has had tenant parking problems for years and years. Our roads are privately owned. We are a corporation. In our documents, it describes roads (except roads dedicated to the City, unassigned parking spaces and other surface improvements not located within the boundaries of a Condominium Unit. Those structures and improvements that now or hereafter are located within the boundaries of a Condominium Unit shall be owned in their entirety by the Co-owner of the Unit in which they are located and shall not, unless otherwise expressly provided in the Condominium Documents, as constituting Common Elements.

Under Vehicles, it says, Except as otherwise herein provided, no vehicles, including boats, trucks or recreational vehicles shall be parked or stored outside a garage or stored or parked on any street except private passenger vehicles. No recreational vehicles, including boats, campers and camper shells shall be stored permanently or temporarily outdoors. No vehicles shall be parked in any area other than garages, driveways or streets. A trailer, truck or recreational vehicle being used by the family resident in such dwelling may be stored in the garage but not parked permanently or temporarily outdoors.

Under Common Element Maintenance, it says All general Common Elements shall be maintained by the Association, being specifically the roads, including snow removal and the street lights, unless assumed by Detroit Edison. Roads shall not be obstructed nor shall they be used for purposes other than for which they are reasonably and obviously intended.

I think the last by-law addresses the problem the best, perhaps, in that the roads are not to be used by a tenant as their own personal parking garage 24/7. Am I correct in this assumption?

Thank you.

I don't see a clear restriction on parking private passenger vehicles on the roads. The board/association should be able to create rules around plowing that require removing vehicles from roads during snow events and possibly other times.

In my last association, we had a clear prohibition in the CCRs against street parking except in temporary circumstances such as parties. Since this can be hard to track, the board only enforced against overnight parking. Following our county's laws, we contracted with a towing company, had signs posted, and gave at least two warnings before towing. There were some early walkers who became the "parking committee" who would log cars they found before 6am, and put warning notices on them. It very rarely got to the towing point. We didn't fine for parking violations (or anything else, really).

Also, to clarify, you mention "tenants", are you referring to renters or residents in general? Renters generally have all rights that the owner would have in using amenities.

Docs apply to all, including renters and as I read what you posted one can park their private vehicle on the street, including renters.

Lou

I'm not following you regarding the parking issue. Is the vehicle (regardless of ownership, be it property owner or tenant) parked on the roadway or stored on the roadway?

Since you have not indicated otherwise, I assume the vehicle in question is a passenger vehicle, is that correct?

Lou

On the basis of what you have posted, I believe your assumption is not correct as follows:

1. The vehicle is eligible to be parked on the roadway.

2. Nothing you have cited refers to property owner or tenant ownership of the vehicle as a limiting factor in who can park their vehicle where.

3. The vehicle apparently meets the criteria for parking or storage, i.e., it is properly inspected, licensed, operable, and whatever other conditions exist in your documents and local jurisdiction requirements, to the extent they are applicable.

4."Under Vehicles, it says, no vehicles, shall be parked or stored outside a garage or stored or parked on any street except private passenger vehicles." (Edited). This is the underlying foundation for my statement your assumption is not correct.

5. If the vehicle meets the criteria you posted, it is not in violation of your association documents, regardless of how close to your home it is parked or the common element language you posted. There would be an exception for snow removal and similar activities, those should be addressed in the Rules of the Association.

6. "Roads shall not be obstructed nor shall they be used for purposes other than for which they are reasonably and obviously intended." Roads are commonly, reasonably, and obviously intended for parking vehicles as well as for movement from one place to another.

I understand and sympathize with your issue, we have similar problems in the association in which we reside. The streets are narrow; they were at one time gated. The streets are not designed for parking as many vehicles as are parked on them but they were deeded to the city when the gates were removed. The vehicles parked are legally parked under the city parking regulations, enforcement is up to the city, not the Association.

You have private roads, the language you cited, on the face of it, does not appear to prohibit the parking of passenger vehicles. Now, it would be really fun if the tenant parked a stretch limo, which, arguably, is a passenger vehicle.

Thanks so much. It should be noted that we do have Parking "Rule" implemented in 2009 listing the description of a vehicle to be considered "stored on the Street" and it talks about being continuously parked in one location for more than a week. It describes the notification process, billing of $20 per day for each subsequent day of storage. They will be billed on a weekly basis and so on. This is a "rule" established and passed by the board in 2009. I think it has been ignored for many years, but I just came upon it.....is it still applicable? I think there are quite a few vehicles parked on the streets in this Association, but I don't think anyone thinks anything can be done about it. Tell me, if I pursue this with the board, if the board has no other complaints about other stored autos, how would that work. Maybe they don't care or have given their permission for the car to park where it does. However, would the board be legal to address mine even though there were other cars parked....but no complaints brought to the board? Do you follow me?

All they would need to do to comply is move the vehicle once a week.

They will do it! I think our rule is no more than 3 consecutive days. So there are people who move their extra cars around every third day if someone is bothering them about it. Which is basically useless. The only time this really has an impact on anyone is if the car doesn't operate/doesn't have its stickers.

Sounds like someone is trying to redefine what "IT" is. It is like the people that get a parking ticket in a no standing zone and tries to argue the definition between standing and parking.