is it legal for hoa to rent parking spaces

we are having trouble with 2 homeowners that have more than the 2 cars that are to be in the garage parked and not in the vistor parking spaces.
they complain they are vacant and not being used and therefore they ignore the parking rules.

would this be legal to assign one parking area of 4 spaces for cars that are owned by homeowners. 1 space per homeowner for a certain amount of time and rent paid in advance to the community association. lorettaj

LorettaJ,
What you are experiencing is common, maybe not eactly but still the same problem. The problem of making everyone happy. The Board should have the sole authority to regulat parking spaces and to the aim should have a parking schematic that show all parking spaces and who is assigned where. Every new Board change brings on a board that thinks they can improve it and usually ends up, declaring this is as good and as fair as we can make it, it is the Boards decision and here it is. Usually you will have four or five owners who thinks their plan is faier than all the rest, they just have to get over it.

As far as renting parking spaces that come under the restriction of no partion of the common areas. If there is five spaces left over they are usually delegated to be "Visitors" spots. You can not sever them from the other parking spaces and most of the deed of convenance of the units will refer to parking spaces and how they are assigned. We live in a resort area and there are eight or more months a year that only 1/4 of the spaces are fill, then in season we tend to get an overflow at times. Since we are a condo and the units that are rented carry the rights of the owner, they utilize the owners parking spot. We have folks that don't like their assigned spot and always park in a visitors spot and the assigned spot remains open. The reality is all you can do is make a plan and hope poeple follow it, unless you want to pay to have the garage patrolled 24/7, illegal parking in a numbered assigned space is against the covenants and as such can be enforced. You gain nothing by renting out your own property to your members. We have storage areas, enclosed and have a door, the Board can designate these extra storage areas for rental purposes for golf carts and charge a fee for the use of the common electricity ()Golf Carts) There is always a waiting list for these units and the rent is something like $200/year, a bargin for the owners and a bargin for the Regime. The parking spaces are designated as parking spaces and can not be used for anything else. After saying all that bottom line is the Board has the right to set fees and assessments so unless there is a restriction or allowance written specifically to prohibit the act, the Board might feel they have the power to rent parking spaces, but, to what aim, I don't know.