Visitor Parking Rules

Started by JimC24 • 25 replies • 602 views

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JimC24 (Connecticut)
Posts: 60

Posted:

Hi everyone,

We are updating our rule for Visitor Parking - currently our lawyer suggested that a visitor can use the visitor parking for 14 consecutive days or 30 days per year. Wanted to see if anyone had a better suggestion?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So you have the rules and restrictions. How going to enforce? Who is going to enforce? Visitor are not HOA members so how do your HOA rules apply to them?

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So you have the rules and restrictions. How going to enforce? Who is going to enforce? Visitor are not HOA members so how do your HOA rules apply to them?

Former HOA President

JimC24 (Connecticut)
Posts: 60

Posted:

Hi MelissaP1,

Firstly, we only have a limited number of visitor parking spaces and we want to avoid anyone using the visitor space as their own personal space. So we will only enforce the rules when there is abuse and since we have a small condo it will be very easy to tie the visitor to the owner. We could sticker and tow the car but that is not preferable because it involves direct confrontation. We would notify the owner of the behavior and the owner would have an opportunity to defend their position. If the behavior continues, we can impose fines on the owner for each violation - $25/Day could add up if it goes on for a long time. The current situation for the case I am thinking about - the owner is renting and the visitor is a guest of the renter. In this case, we have the right to start the eviction process. Our lawyer suggested that we threaten eviction to get their attention.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

How you going to evict a renter? They have a lease with the HOA? If not then the owner is responsible for correcting and enforcing .The HOA holds owner feet to the ground.

Who is "we"?

Former HOA President

JimC24 (Connecticut)
Posts: 60

Posted:

We = HOA/Board - same thing

How can we evict - the CT Statutes allow us to evict the renter if they are not following the HOA rules. I don't have the statute handy but our lawyer basically said the same thing.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

That is interesting because most HOAs or owners have that caveat written in the lease agreement. If it is not existing in agreement then harder to enforce as they are not members nor pay dues. A rule violation would not evict a member...

I would make sure you all understand "we" and how to process. Otherwise if your board meets once a month that gives the violator 30 days minimum to process complaint and punishment.

Former HOA President

JimC24 (Connecticut)
Posts: 60

Posted:

I think tenants and their guests have to follow the rules of the condo. The owner should provide the specifics but I don't think it has to be explicit in the lease agreement. I get what you're saying - we can make all the rules we want but enforcement is another story.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By JimC24 on 08/16/2023 8:08 AM
Hi MelissaP1,

Firstly, we only have a limited number of visitor parking spaces and we want to avoid anyone using the visitor space as their own personal space. So we will only enforce the rules when there is abuse and since we have a small condo it will be very easy to tie the visitor to the owner. We could sticker and tow the car but that is not preferable because it involves direct confrontation. We would notify the owner of the behavior and the owner would have an opportunity to defend their position. If the behavior continues, we can impose fines on the owner for each violation - $25/Day could add up if it goes on for a long time. The current situation for the case I am thinking about - the owner is renting and the visitor is a guest of the renter. In this case, we have the right to start the eviction process. Our lawyer suggested that we threaten eviction to get their attention.

A guest of the renter has the same rights as a guest of the owner. If there is an actual problem, you would know which car it was and what unit is being visited. Do you have any rules now? If not, you can't do anything. The 14/30 day suggestion seems reasonable. Then a notice or notices then a fine if you have a fine schedule.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

There is a thing called "tenants rights". One can not be evicted if they are not in violation of a contract. There is no lease agreement with the HOA. It is with the owner that is a member. They need to put in their agreement to follow the HOA as a condition of eviction. If it is not spelled out and signed it can not be legally enforced. A renter can theoretically not pay rent up to year without being evicted in some states.

Just because you think it should be that way does not make it legally so.

Former HOA President

JimC24 (Connecticut)
Posts: 60

Posted:

Thanks MelissaP1,

This is how the statute is written:
(d)If a tenant of a unit owner violates the declaration, bylaws or rules and regulations of the association, in addition to exercising any of its powers against the unit owner, the association may: (1)Exercise directly against the tenant the powers described in subdivision (11) of subsection (a) of this section; (2)After giving notice to the tenant and the unit owner and an opportunity to be heard, levy reasonable fines against the tenant or unit owner, or both, for the violation; and (3)Enforce any other rights against the tenant for the violation which the unit owner as landlord could lawfully have exercised under the lease, including any such right to bring a summary process action under chapter 832. (e)The rights referred to in subdivision (3) of subsection (d) of this section may only be exercised if the tenant or unit owner fails to cure the violation within ten days after the association notifies the tenant and unit owner of that violation.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JimC24 on 08/16/2023 5:42 AM
Hi everyone,

We are updating our rule for Visitor Parking - currently our lawyer suggested that a visitor can use the visitor parking for 14 consecutive days or 30 days per year. Wanted to see if anyone had a better suggestion?

That's an interesting suggestion. Did the attorney explain how to actually keep track of visitor parking?
Are days considered a 24 hour period or sunset to sunrise?
Is visitor parking an area or each space?
If I'm visiting for two hours a day, will my vehicle be towed on day 365?

Unless you want to go through the expense of parking tags and towing contracts, someone will have to spend a whole bunch of time identifying what vehicles belong, what vehicles do not belong and monitoring every visitor spot.

I lived in a town home community with limited guest parking.
We chose to let the spaces be first come first served.
We did require that every vehicle be properly registered with the State/County and current license plates otherwise they would be towed.

We had minimum issues.

With all of this posted, it sounds more like the Association is dealing with an annoying renter and making a rule so the Association can take action.
Personally, I think that creating a rule to go after one abuser is wrong.

KerryL1 (California)
Posts: 14,550

Posted:

Our CC&Rs also permit the Assoc. to evict a tenant after reported efforts to get them to comply with our rules/covenants, etc., so perhaps Melissa will stop insisting, as she has done for years, that HOAs cannot evict renters. It depends....

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is this in your rules or the state? A renter never gets a copy of the rules unless owner gives them a copy or they get one themselves.

Not sure how enforceable that is than more than eye candy.

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I will not stop insisting what our lawyer told us...

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Can you tell us how many condo units there are and how many visitor parking spaces there are? I take it there's no controlled-access to them?

We're a condo too, but 200+ units and 16 visitor parking spaces in our underground garage. Access to our premises is gated so a kiosk officer always knows who may go to V.P. and the permitted time frame is on their windshield pass. So some of our (many!) rules wouldn't fit your situation. But some might.

JimC24 (Connecticut)
Posts: 60

Posted:

We have 15 units but only one visitor spot.

The quote I cited is from the State of Connecticut so I think it should be enforceable by law.

I don't want the visitor space to become someone's personal parking space. The owner is difficult to deal with as well and will not help enforce the rules.

JimC24 (Connecticut)
Posts: 60

Posted:

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Welcome to living in a HOA...

Former HOA President

MarkS42 (North Carolina)
Posts: 70

Posted:

How is towing a car confrontational but evicting a tenant is no problem?

JimC24 (Connecticut)
Posts: 60

Posted:

Towing I think is more likely to result in a hasty road rage type response because it can be very inconvenient and incur an immediate cost. Eviction takes longer and you first threaten eviction so the person has a chance to change their behavior without incurring any cost.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

To live in your world... Aw..

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By JimC24 on 08/16/2023 8:08 AM

Firstly, we only have a limited number of visitor parking spaces and we want to avoid anyone using the visitor space as their own personal space. So we will only enforce the rules when there is abuse and since we have a small condo it will be very easy to tie the visitor to the owner.

A possible option (but likely unpopular):

No parking in visitor parking from midnight to 6 a.m.
Vehicles that are parked in those spots during that time frame risk towing at their expense.
Exceptions may be granted by the board on a case by case basis.
Any exception must have a placard in the window or they run the risk of being towed.

This way:
No overnight parking by residents.
Simple solution for long term visitors and board will be informed.
contract with towing company (and posting of required signage - which varies by area) takes care of the rest.
You will get push back from those who use the spaces.
You will likely have to tow a few times for the message to get out.
You might not be reelected.

JimC24 (Connecticut)
Posts: 60

Posted:

Thanks Tim,

Good idea. It is a difficult situation to control so I can see the logic.

I don't think anyone really wants to be on the board or the association - so I am not worried about reelection. I do it to protect my own investment. The condo was really poorly run before I took over - I don't say that to brag in any way - I just mean that I did a bunch of assessments to replace balconies and the roof and some other needed repairs3. This motivated many of the owners that did not care to keep the place up (because they were renting the unit out) to sell. We still have a few trouble spots though.

TimB4 (Tennessee)
Posts: 21,062

Posted:

If you do go with my last posted option, I would strongly recommend:

1) Lots of notices about the change and when it goes into effect.
2) Initial warnings for a few weeks before towing starts (I like to tape it to the driver door window).

3) make sure you check with the county/city about required signage and where it needs to be posted.

KerryL1 (California)
Posts: 14,550

Posted:

Kudos to you, JimC, for improving your community! Sounds like a lot of work, but worth it, especially the balconies.

Say, where do contractors, who come to work on your common areas park? Off the premises? Does each condo have one a space? Two? Where do visitors park when the space is occupied?

14 consecutive days seems like too many to me. You're saying one car can sit in the space for 2 weeks straight? Or, worse, it would have in-&-out privileges?

Tim's ideas look good. Here's some we have, but some do require a board member to keep track.

All residents must have windshield stickers and may never park in VP. Violators will be towed. Violators also can be fined and fines can double upon repeat violations.

Residents employees/vendors may not park in VP. Only visitors.

Visitors may park in VP for 3 days straight. Any longer must get permission from the Board.

Sorry I can't be more helpful. That's tough one.

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