Specific rule for parking a third vehicle

Started by JeffT5 • 3 replies • 292 views

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JeffT5 (California)
Posts: 26

Posted:

Would it be OK to have a rule which says parking permits to use the outdoor parking are available, but only to those who have a third vehicle registered to their address? (this is applicable to an association in which there is somewhat limited outdoor parking, and each unit has a two car attached garage). It would seem to me this could be viewed one of two ways. The first is that the courtesy is available only to those who meet specific criteria and not to all homeowners. The other is that it is actually available to all homeowners, but simply becomes not applicable to those who don’t have a third vehicle registered to their address.

SheliaH (Indiana)
Posts: 6,964

Posted:

I think courtesy parking should be on a first come first served basis. People with a third car knew parking was limited before they bought it or moved in, so why should they get special considerations because they didn't plan? How many can't put a second car in the garage because they have it filled with assorted stuff?

If the people with three vehicles get permits, maybe they should also pay a surcharge for the extra wear and tear in those areas. And what's wrong with putting the car in the driveway? I understand why some communities prohibit on street parking because the streets are barrow and can hamper the ability of emergency vehicles to get to where they're needed. I'd rather see a rule permitting driveway parking- as long as they don't create blind spots for traffic, the homeowners will have to play musical chairs with cars that go in the garage vs. the driveway.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JeffT5 on 11/10/2023 3:44 AM
Would it be OK to have a rule which says parking permits to use the outdoor parking are available, but only to those who have a third vehicle registered to their address? (this is applicable to an association in which there is somewhat limited outdoor parking, and each unit has a two car attached garage). It would seem to me this could be viewed one of two ways. The first is that the courtesy is available only to those who meet specific criteria and not to all homeowners. The other is that it is actually available to all homeowners, but simply becomes not applicable to those who don’t have a third vehicle registered to their address.

This topic comes up a lot here.

It's unlikely that the board can lawfully grant an owner exclusive use of a common area or suddenly convert common area to limited common area without an owners' vote.

My quick and dirty opinion is that the board is likely seriously violating either the covenants, statutes or both.

I remind you that if this parking area is common area, every single owner pays some small amount to maintain this common area. I hope you see my point.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Take a closer look at your CC&Rs. What does your parking restriction say? Any rule the board makes must be consistent with the restriction as it's currently written, or the restriction needs to be amended.

In addition, check for sections on Owner's Rights. My community's CC&Rs state all owners are entitled to use the common elements and no owner may interfere with another's use of the common elements.

On top of this you have the legal requirement for membership approval to amend CC&Rs to convert some of the common elements to limited common elements *and* amend the parking restriction if needed (75% approval needed in my community). This means the board can't just make a rule setting aside common area space without a whole lot of other work first.

You thought this was a simple question, didn't you? :-)

Our association attorney agreed with Sheila. People have to choose housing that meets their needs. If they don't, it's not the association's problem to solve.

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