convert a street into allowable parking

Started by AaronS9 • 5 replies • 229 views

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AaronS9 (New Jersey)
Posts: 8

Posted:

Does anyone know if our Board can merely vote to convert a street into allowable parking? Or does the change requires 67% vote of the homeowners. The Master Deed says, "No parking is permitted on the internal roadways within the Condominium, except within designated parking spaces." As a Board Member, I want to vote to allow parking on Gateway Blvd (main strip) to alleviate parking shortage. The Master Deed is silent with regard to parking on Gateway Blvd. Can the BoD merely vote to change Gateway Blvd into "designated parking?" Or does the change to allow parking on Gateway Blvd require 67% vote of HOA members? Thanks

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By AaronS9 on 10/25/2021 8:32 PM
Does anyone know if our Board can merely vote to convert a street into allowable parking? Or does the change requires 67% vote of the homeowners. The Master Deed says, "No parking is permitted on the internal roadways within the Condominium, except within designated parking spaces." As a Board Member, I want to vote to allow parking on Gateway Blvd (main strip) to alleviate parking shortage. The Master Deed is silent with regard to parking on Gateway Blvd. Can the BoD merely vote to change Gateway Blvd into "designated parking?" Or does the change to allow parking on Gateway Blvd require 67% vote of HOA members? Thanks

Is Gateway Blvd an internal roadway within the Condominium? If it then you need a community vote.

AugustinD
Posts: 3,698

Posted:

AaronS9, I imagine like you, I am homed in on the phrase "except within designated parking spaces." To me the question becomes, "Can the Board designate what is and is not a parking space?"

This is a big land use issue. I would be checking the plats to see if they show designated parking spaces. I bet the plats do. I would have a Board representative call the city land use staff and see what the city says.

If the plats and city indicate the board cannot designate parking spaces as you describe, I think you are stuck amending the covenants and plats.

TimB4 (Tennessee)
Posts: 21,062

Posted:

It's probably best not to mention actual street names.

BenA2 (Texas)
Posts: 1,273

Posted:

If the main strip is not considered an internal roadway, then it is clear that the prohibition against parking does not apply. If it is an internal roadway then the master deed gives you the loophole you are looking for: "except within designated parking spaces." As long as you designate parking spaces there is no violation of the master deed.

I think it goes without saying that the board can designate parking spaces. Unless your governing documents state otherwise, the board makes decisions on such things. It defies logic that the intent of the master deed requires 67% vote of the owners to designate a parking space unless it specifically says so.

AaronS9 (New Jersey)
Posts: 8

Posted:

BenA2, I agree. Thanks

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