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MichaelL24 (California)
Posts: 7
Posted:
I'm an HOA president.

We have a self-managed 35 unit townhome community. Each of the 35 units is equipped with a 2 car garage. There are 11 parking spaces in the common area. In our CC&R, these parking spaces are deemed visitor parking only. Residents, per our CC&R, are not allowed to park in the visitor spaces. Violations of the rule will result in a fine. Repeat violations will result in towing. Pretty simple stuff.

There is street parking in front of our community. Our local municipality requires an overnight parking sticker for street parking. The city charges a cost of $60 per year for the sticker which is nominal.

There were no issues with compliance up until the pandemic. Prior to the pandemic, visitor parking would have a few cars parked during the day and during the evening, it would be completely unless our residents had overnight guests.

But when the pandemic took place and businesses were shuttered, many of our homeowners took on new permanent occupants. Adult children who were away in college came home. Adult children who lost their jobs and couldn't pay rent also returned home. Homeowners who previously reported to places of business each day now telecommuted from home. As a result, our guest parking which was typically was now completely full 24 hours a day. The public street in front of our community was also filled with park cars, some belong to our residents, but also cars belonging to 2 neighboring townhome communities and a 150 unit apartment complex across the street.

Then came the rise in crime. Night time car break-ins and catalytic converter theft became rampant.

Our board was asked by our residents to set aside the parking requirements during the pandemic for these reasons and we did. Parking was available on a first come, first serve basis and that policy remains in effect now.

But now that the pandemic has receded, adult children have moved back out and most (not all) of our residents are no longer working at home, but the number of resident vehicles parked in what was visitor parking is higher than ever, largely because of homeowner caused problems. Some of these problems are:

1. During the pandemic, one homeowner bought a camping trailer and parked it in his 2 car garage. He owns 2 cars. One of his 2 cars is always in visitor parking overnight.
2. Three homeowners have chosen to use one of their 2 garage spaces for junk storage. These 3 homeowners own 2 cars, all 3 homeowners are parking 1 car in visitor parking overnight.
3. One homeowner has 2 cars, both were properly garaged. However one of his cars died and now sits idle in his garage and has not turned wheels in 2 years. He bought a replacement vehicle; it is parked overnight in visitor parking daily.
4. One homeowner is renting her unit. She apparently is using her home as a boarding house. According to her neighbors, she has 6 boarders living in her 3 bedroom home. To my understanding, her garage is being used for storage; no cars are parked in it. I don't have an exact count, but I believe her 6 boarders have 4 cars that are parked overnight in visitor parking.
5. We have 1 homeowner with recent high school graduate child. Their household has 3 cars, so 1 car is parked in visitor parking each evening.

That's 9 resident cars parked in 11 visitor parking overnight, every night. It would appear we should go back to our CC&R regulations which mandate that these cars go back on the street for overnight parking.

However, we have had discussion about potentially allowing 5 homeowners to park a designated car by permit in the common area and monetizing the privilege by charging a monthly fee.

We have not had a monthly HOA dues increase since 2016. Our operational costs have increased which typical of everything else in this world, but our costs are still quite manageable. However, the monthly income flow into the HOA Reserve, while still positive, has decreased below our planned current budget and a monthly HOA dues increased is forthcoming. The thought here is by charging $100 for an assigned parking space in the common area, we can reduce the amount of the planned HOA dues increase by 30%. Instead of a $50 per month increase, the increase would be $35 per month.

The proposed monthly parking fee of $100 per month is rather high, but for a reason. The primary goal here is to influence the homeowners to properly utilize their garage spaces for parking their vehicles rather than storing their junk, inoperable cars, and trailers. Secondly, since by implementing a parking by permit policy, we now have additional administrative costs, to purchase and hand out identification window decals, to track owner and vehicle information for all residents, and to have volunteers (probably me and the board members) to walk out of their homes every evening to patrol the parking lot for resident compliance.

Any resident who doesn't have a permit but parks their vehicle in visitor parking over night without obtaining permission would be warned once, then subsequently fined $100 for subsequent occurrences. Although a few of the board members have suggested towing the vehicles of repeat offenders, I don't want to go down that path. Our owners here are affluent. Some of the cars in visitor parking are quite expensive. Here in Los Angeles, cars that are impounded are often returned to their owners minus the personal belongings or car parts, so I'd rather keep handing out fines than subjecting the homeowners to the dirty business of tow truck companies.

Personally, I would hope every homeowner would reject paying for an outside parking space just so we can avoid the administration headaches that go with it, but there are residents who don't want to park their $80,000 cars out in the street. The parking spaces will be offered to each homeowner on a tenure basis. The homeowners who owned their home the longest gets first right of refusal, then it goes down the line with the newest homeowner getting the last opportunity.

None of this is etched in stone. At the board level, We've discussed the basic framework of our parking program and will be presenting it to the homeowners in an upcoming meeting. But in the meantime, I wanted to gather more information to ensure I have all the bases covered. As far as I know, the HOA can make this type of modifications to the parking rules, so long as it is fairly administrated and each homeowner has a fair opportunity to participate.

I'm curious to see if any HOA has gone down this path before, where they implemented a "Pay to Park" program for residents to park in common area parking spaces that were previously deemed visitor only. If so, what were your experiences? What issues did you have? What were some of the best practices that you developed that aided in the administration of the program? Opinions and friendly comments are welcome and I will respond as needed.

Thanks.
MichaelL24 (California)
Posts: 7
Posted:
Correction: I stated that currently there are 9 resident cars parked in 11 visitor spaces every night. It should read there are 11 resident cars parked in 11 visitor parking spaces every night.
TimB4 (Tennessee)
Posts: 21,062
Posted:
I would simply go back to the way it was prior to the pandemic.

Having lived in a town house development, it's annoying when your visitor has to park on the street.
CathyA3 (Ohio)
Posts: 6,299
Posted:
You should consult your association's attorney because laws can be different in other states. But here is what our attorney told us:

* Check what your CC&Rs say about the parking spaces. Are they common elements? If so, there may be an issue with assigning them to individuals, since legally common elements may be used by all owners. In this case, you'd have to amend your CC&Rs to change these spaces to limited/exclusive use common elements.

* Establish a parking policy that agrees with your CC&Rs and state law. Publicize it and, after enough notice, enforce it.

* Your parking policy should be reasonably enforceable. If it requires excessive amounts of time or constant patrolling for violators, then it's not a viable policy (see my comment about exclusive use common elements).

* You are not required to accommodate people who use their garages for storage or who have more vehicles than parking space (with parking space being defined as both garages and driveways - for example, someone with a two-car garage can accommodate four cars and/or pickup trucks). Our lawyer said that people are obligated to choose housing that meets their needs - if they fail to do so, it doesn't become someone else's problem.

* Double check with the attorney to make sure you have enough parking space reserved for handicapped persons (for example, my community with 74 units needs a minimum of 3 handicapped spaces). According to my understanding of the law, even if these spaces are mostly unused, they still need to be reserved.

MichaelL24 (California)
Posts: 7
Posted:
CathyA3, we understand the importance of amending our CC&R as needed. However, we also recognize that the CC&R as written in 1978 contains wording that is no longer consistent with the societal changes of our current era, changes in our community values, and very importantly, the advances in technology. We firmly believe that if the CC&R has become so outdated that it inhibits the HOA from making decisions that enhance the homeowners quality of life and the value of their property, then the CC&R must be rewritten.

But my need here is not to review the CC&R process and requirements. We have an established means on how to handle that piece of the puzzle. My intent here is to gather information specifically regarding establishing paid parking in HOA common areas, what the experiences have been, and the pros and cons. This is a pretty simple ask.

MichaelL24 (California)
Posts: 7
Posted:
TimB4, that's Option #1. The remaining options are simply ideas that have been put on the table in our board meetings.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By MichaelL24 on 11/01/2022 2:41 PM
But my need here is not to review the CC&R process and requirements. We have an established means on how to handle that piece of the puzzle. My intent here is to gather information specifically regarding establishing paid parking in HOA common areas, what the experiences have been, and the pros and cons. This is a pretty simple ask.
Do you want the proposed wording of a CC&R amendment that would, per your needs, establish paid parking in the HOA common areas?

Because what you need cannot happen without amending the CC&Rs.

Else I agree with CathyA3's posts. What she wrote is consistent with the reading I have done on common elements.

I think you must keep in mind that all the owners are paying for the upkeep of the parking spaces. This means all should have as equal an opportunity as possible to use these spaces?

By any chance have you posted a number of times about this in the last few years? What you describe sounds quite familiar.
MaxB4
Posts: 3,513
Posted:
Michael

Establishing paid parking can be done without amending the CCRs. Have the HOA attorney review your CCRs and the language within. I have seen it done on a number of occasions, and the words are "fair and reasonable".
CathyA3 (Ohio)
Posts: 6,299
Posted:
I will also point out that this is two separate questions: can the HOA reserve parking space for individuals (owners or guests) and can the HOA charge a fee for it?

Just because the answer to one of them is "yes" doesn't mean that the second answer will be "yes".

I have seen communities with assigned parking spaces (they had no garages). I've also seen articles that say planned communities may charge *guests* for parking.

But this says nothing about whether or not the OP's HOA can do thee things. Talk to a lawyer.

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