Designated Parking Spot

Started by KimM8 • 7 replies • 1836 views

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KimM8 (California)
Posts: 109

Posted:

Our parking lot is scheduled to be repaved because the developers did such a bad job that we are getting pot holes and pitting. This was primarily discovered after the lawyers (for our law suit against the developers) for the HOA came out to meet with us, me and my husband, and we pointed it out to them. Specificaly my husband showed them where the kickstand from his motorcycle has put a hole in the pavement.

A week later pavers have marked areas to be fixed with spraypaint and didn't mark that spot. So my husband called our HOA last night and left them a message. The HOA management company called back this morning and said that they reported us "illegally parking" our motorcycles to the board and basically said the damage might not be included in the repairs with the rest of the parking lot.

Right now, we and several other people park our bikes on the oppotise side of the parking block and pull our cars infront of them - all spaces are seperated by an island with plants. So as you pull in to your space you are facing other cars but a five foot island seperates cars.

I looked up our rules and they say that all vehicles must be parked in their parking space to the "maxium extent of that parking space".

My questions to you wise people is: Does our parking space end at the partking block or where the island begins? After the parking block is another four-five feet of space before the parking block.

We have had our bikes for two years and no one has said that we are violtaing any rules.

Wen I tried to ask this guy questions he said, "I called to answer your husbands question about the paving, so I am done talking." !!!

MicheleD (Kentucky)
Posts: 4,491

Posted:

I'm having a hard time visualizing where you are parking the motorcycle.

I'm also having a hard time visualizing why the MC would say it's illegally parked.

Is there designated motorcycle parking somewhere?

KimM8 (California)
Posts: 109

Posted:

Hi Michele! We don't have designated parking for motorcycles. We own our two spaces, and have asked about purchasing another one, but the board never get's back to us.

So imagine a 20 foot long parking space and five feet from one end is the parking block leaving another four and a half feet behind it. That is where I park my bike. The spaces are large so I am able to, when both parking spaces next to me are occupied, pull my bike inbetween two cars and park to the "right" of my parking block and to the "left" of the island. So that when I drive up my bike is parking adjecent to the front of my car. My bike is parked parrallel to the parking block.

I hope this explained it better...

GlenL (Ohio)
Posts: 5,491

Posted:

If you're not parking in the space itself but in space adjacent to the parking spot that is not designated as a parking spot then you very well may be illegally parking them there, it will ultimately come down to what is in the declarations. The space in front of the block may be considered common rather than limited common elements. More importantly why ever would you put the kickstand down on bare asphalt?

Asphalt is not a solid material like concrete, it is made up of little globules pressed together with lots of voids and when it becomes warm things have a way of punching through, especially when you have a lot of weight resting on a spot no bigger than several inches at best. We require anyone parking a motorcycle on our property to put a board under the kickstand to spread the weight out.

I can't tell you how many times I've cursed a new driver who dropped a loaded semi trailer on asphalt without putting boards under the landing gear. A little heat and they'll sink 6-8 inches and wreck havoc with the pavement when you pull them back out which always makes the property owner happy not to mention the company when you tell them they need to pay for the repairs. Which is a long winded way of saying that you may be responsible for any repairs required from this, depending on your documents.

Studies show that 5 out of 4 people have problems with fractions

KimM8 (California)
Posts: 109

Posted:

On Wikipedia it says a parking space is: the average stall is about 325 square feet (30 m²).[2] Note that this area includes the area for parking stall plus the circulation areas, end of aisle areas/landscaping.

So I park my bike length wise between the two lines, to the right of the parking block. So I read Wikipedia to say that my parking space includes that are.

The rules don't specify either way. The MC told me to read my CC&R's and look at the parking map. The map doesn't indicate a parking block (not all spaces have one). So the way I read the rules is that I am parking in my space. On the map it's outlins to the island.

Thanks for the tip on the kick stand, I know you can buy something to put down for this as well, so we will pick something up. Thanks!!!

BrianB (California)
Posts: 2,820

Posted:

I have no advice or opinion on the parking itself, but i would absolutely use the map you were given, and the lack of specific definition in your governing documents, and forget Wikipedia as a viable source. Instead, go look to your city or county ordinances for a definition of parking space, driveway, parking stall, etc.. Talk to a county engineer, planner or even the highway patrol, but don't quote Wiki in a disagreement. Typically, you will weaken any case you have by presenting Wikipedia as any type of credible source.

In the legal arguement world, Wiki is just a step higher than "My uncle bob always told me..."

MicheleD (Kentucky)
Posts: 4,491

Posted:

Brian is a man after my own heart. . . .

Quote:

Posted By BrianB on 08/07/2009 2:50 PM
I have no advice or opinion on the parking itself, but i would absolutely use the map you were given, and the lack of specific definition in your governing documents, and forget Wikipedia as a viable source. Instead, go look to your city or county ordinances for a definition of parking space, driveway, parking stall, etc.. Talk to a county engineer, planner or even the highway patrol, but don't quote Wiki in a disagreement. Typically, you will weaken any case you have by presenting Wikipedia as any type of credible source.

In the legal arguement world, Wiki is just a step higher than "My uncle bob always told me..."

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By MicheleD on 08/07/2009 3:16 PM
Brian is a man after my own heart. . . .

I definitely am not after your heart.

the hairs and nail clippings I already collected are more than enough for my little voodoo doll.

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