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NoelleC2 (California)
Posts: 47
Posted:

Our HOA Board recently got an email from a homeowner. It appears as though our secured parking garage only has 2 disabled parking spaces in it. ( for homeowner use) Recently there has been a small mini van parked in one of them and hasn't been moved in a week according to her. The homeowner who wrote this has a disabled placard just like the other cars in the space. She is asking the board to investigate who's van this is and ask that they move it because she fears it's being housed for a non-homeowner.

In looking at our cc&rs there is nothing in regard to maintaining any regulation over the garage cars except that they have recent registration tags and only cars with placards can park in the identified spot. ( which they all do )

I fear that this is a first come first serve issue and that the homeowner who is asking us to intervene is off base on what the HOA can do. ( dont' feel too bad for her, she has to only park over 2 spots, she is fearful her new schmacy car will get a ding in the regular spot. )
NoelleC2 (California)
Posts: 47
Posted:
I guess I was trying to ask specifically is there anyway our HOA can intervene? I just think we can due to our rules and ccts stating what they do. ( the schmancy comment on the car was not warrented, but honestly the owner is concerned about this. )
DonnaS (Tennessee)
Posts: 5,671
Posted:

Noelle,

No matter what the H.O fears are, she is correct in her asking about the van being parked for over a week in that space. Has anyone bothered to check iif there is a dead body in it? The garage is part of hOA property and even if it is not addressed specifically, which I doubt, it is part of HOA property and falls under the rules and care of the HOA.

Why not add another space or 2 of handicap parking if there are not a suffiecent number of spaces? The "fancy, schmantzy" car remark is not nescessary. I'd get mad if my 2 year old vehicle got a ding.
NoelleC2 (California)
Posts: 47
Posted:
HI Donna, thought about the adding parking spaces. We can not. Individual spaces are deeded property. Our garage is limited in parking and unfortunately it only has two spaces.. no dead bodies inside, looked it over, and it has correct identifying stickers, placard and registration. We have new owners in, and I think it may be theirs, will investigate, but it sounds like we have a case of tooo many disabled drivers and not enough spots.
DonnaS (Tennessee)
Posts: 5,671
Posted:
Noelle,

Then you change the exhisting spaces to handicapped. They can be done with a temporary sign. This should not be a big deal. The lady in question?? Give her a handicapped space where she is now parking. If these spaces are assigned, then where is the van units designated space?
NoelleC2 (California)
Posts: 47
Posted:
They are in garage, owned by the hoa. Only 2 spaces.
AnnaD2 (Florida)
Posts: 960
Posted:
We had a car parked in our lot for three weeks that hadn't moved. I finally went on our state's website and typed in the license plate number and lo and behold, it had been reported as stolen. I called the police department from the city where it was stolen from and they took care of the rest.

Could you possibly put a very cordial note on the car's windshield asking them to contact the manager or the board saying something like....people noticed the vehicle hasn't moved and wondered if they were having mechanical problems and wondered if they needed your assistance in any way?

Just a thought.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Noelle,

I still do not understand why someone has not made a phone call to the van owners or knocked on the door to their unit. You said that they are new? Better reason yet to find out what the heck is going on. Are they in the unit? Are they alive? are they growing pot? Do they know where they are supposed to park?
NoelleC2 (California)
Posts: 47
Posted:
I like you idea Anne, will do this. Sometimes people have a second vehicle that they just don't use that much... maybe this is the case.
MicheleD (Kentucky)
Posts: 4,491
Posted:
It still sounds to me like it's a first-come/first-served unassigned parking spot issue (in this case, designated handicapped parking), and I think it would be inappropriate for the HOA to go poking around asking questions of the van owner if all the placards, stickers, and registrations are in order.

And so far as I can tell, we only have one person claiming that the van has not moved in weeks.

The only thing I would think the HOA might want to do is to check to make sure they have the appropriate number of designated handicapped spaces per whatever requirements.

Other than that, I would let the person complaining know that you have taken her complaints under advisement and have taken the appropriate action. Thank her for her concern and let her know you will "get back with her," if you have any additional questions.

DJ1 (Ontario)
Posts: 798
Posted:
Maybe the Van owners are in Cuba on vacation for a week or two. That doesn't sound like an unusual amount of time for a vehicle to sit.
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By DJ1 on 12/15/2009 12:03 PM
Maybe the Van owners are in Cuba on vacation for a week or two. That doesn't sound like an unusual amount of time for a vehicle to sit.

For us Americans, that would be about the least likely place to vacation that you could have chosen as an example... lol.. Interesting, isn't it, how a mile across a border can change our cultural idioms and examples?

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
You got my vote. No doubt about it, the property is common property and this business of calling it private is suspect. It might be assigned common property (limited) but the property does not convey with a deed. I can not see how. Being common property makes it the Board responsibility and I sure don't see it as snooping around if the car has not been moved in weeks. Go down and chalk the tire for lord's sake. Handicap parking does not give anyone the right to take over a parking space. Is it contended that these two handicap parking spaces are deeded to specific units. That's crazy. The assignment of a specific parking space may convey with a specific property but dollars to doughnuts it don't belong to them nor do they have a deed nor do they pay taxes on this specific piece of property. This assignment may increase the value of the property for some reason, but more than likely there are favored spots and you can't help that, if you are going to accept the assignment as written in stone, and then you need a parking drawing showing each space and who it is assigned to, not just the number. It is the Boards responsibility to provide reasonable security and care of the common property. Tell me, who cleans the area and who paints the numbers and who paints the striping? Do individual property owners do that, who is responsible for the ceiling of that parking space? I would be concerned that your board is on thin ice if they don't know
who is parking on their property. Who repairs and damage to the column structures if someone damages them? The home owner? Suppose the homeowner didn't do it and don't know who did it, is he going to say it is my property, I will pay, suppose the column sits between the two parking spaces? Suppose the damage is to a structure that has no attachment to any "Deeded" parking space? Even a shopping mall is responsible for the security of their parking spaces. Someone suggested make another handicap parking space, sounds reasonable.

I also detect that Noelle has some hang up about a "smancy car" (sic) that an owner has, who happens to be handicapped. I would suggest that kind of opinion is left unpublished and unspoken. Sorry Noelle, not attacking you, just making an observation.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,

I just got off of reading some cases where a disabled person sued their HOAs because of not providing them a space. I think that Noelles HOA should investigate what their responsibility is to HUD , ADA requirements. As I interpreted my reading, the owner who is unhappy about her space "COULD" request HUD to get the association to change their parking policy and require her a space.

Now, I also know from experience in dealing with senior housing issues, this H.O. could just be a whiner and is unwilling to bend at all. But she has got the Federal laws on her side. Just hope that no one tells her to go to the Feds.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
Doesn't surprise me. We had one that sort of touched on that and was settled by a little give and take and switching parking spaces. I don't know what you would do, if, indeed these spaces were individually OWNED.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Snooping around a vehicle is rarely justified -- for a layman.

No one really knows if it's been "weeks" that the vehicle has been parked there.

But even if it has been, if it has all the required "permits" (stickers/placards/registration), it's a real stretch to say that anyone has any right to snoop around it, especially when the only person complaining is someone who considered it her own parking spot and has been unlucky enough to not be able to be the first one in for quite some time.

I did suggest that the HOA look into whether it has the appropriate designated handicapped unassigned parking spaces.

Other than that, they should butt out.
NoelleC2 (California)
Posts: 47
Posted:
Hey Rpbert I even admitted that I shouldn't of said that. But thanks for the reminder on courtesy... ( post #2 below me I stated that.. ) Sorry if I raised hairs with my Schmancy comment.. was trying to be funny
NoelleC2 (California)
Posts: 47
Posted:
Also I will say that our garage is sub-terrain secured parking and the assigned spots are deeded. The hoa only owns 2 spots for disabled parking. We can't assign another spot... there is no room and the other parking spots are deeded property.

I am asking the city where we live to get involved for a couple of reasons. First of all no guest parking is allowed per our HOA's cc&rs due to the constricted parking issues. #2 our building is large enough that the city could look into providing a disabled parking spot on the street for us as we have such congested residential parking.
DJ1 (Ontario)
Posts: 798
Posted:
Quote:
Posted By BrianB on 12/15/2009 12:15 PM
Posted By DJ1 on 12/15/2009 12:03 PM
Maybe the Van owners are in Cuba on vacation for a week or two. That doesn't sound like an unusual amount of time for a vehicle to sit.


For us Americans, that would be about the least likely place to vacation that you could have chosen as an example... lol.. Interesting, isn't it, how a mile across a border can change our cultural idioms and examples?


You'd be surprised how many Americans we've met in Cuba. I understand your gov't is looking at changing the rules to remove the restrictions.

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