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BobW1 (Florida)
Posts: 11
Posted:
New community opened in 2005. Parking violations are out of hand. Any suggestions on enforcing?
RogerB (Colorado)
Posts: 5,067
Posted:
Bob, I suggest you click on the Search tab at upper right; type in parking violations; and read some of the 41 posts.
DawnL (California)
Posts: 37
Posted:
Our parking situation was terrible. It was so bad that when fire trucks were called on two occasions they couldn't get to the victims until all of the illegally parked vehicles were moved.

Since we are a small association, it has not been financially feasible to hire someone for parking enforcement. A non-resident volunteer (my husband) agreed to intermittenly visit the property to help curb violations. At first, he visited sporadically different times of day, 3 -5 times per week.

The Board voted on a procedure, (photo, written log etc.) which he follows. At first, we used those bright orange "Notice to Tow" stickers on windows. That cured 90% of residents (and their visitors).

Then, as prescribed in our Parking Guidelines, tows were called. That deterred many more.

As a final effort, the Board purchased a "tire boot," added "immobilization" to our parking lot signage and added a per incident fine to remove the boot.

That was 3 months ago. In the first 6 months of the year there were over 40 violations. In the past 3 months we have had NO violations. . .we haven't even had to use the "boot."

I'm not sure whether there are restrictions or regulations in other states, but my inquiries here in California, gave us confidence to give it a try.

Hope this helps!

Dawn
CharlesW1 (Georgia)
Posts: 826
Posted:
Dawn,

I’m glad to have read your post. I too have homeowners parking in the street on a pretty frequent basis. Are CC&R states that no vehicle is allow to park in the street. We have people parking in the streets, across the sidewalks and in their own yards. I have mentioned it several times to the other members of the board, the president says it has already been done, and it has gotten us no where.
I feel if they receive a notice saying that their in violation and that their vehicle will be towed, if not removed within x number of hours. It is also a county ordinance, but when you call the police, (if they come out) the violators have had plenty of time to remove the car. When ever he/she returns they will park in the street again. As if it is their driveway.

We are an HOA of 275 homes. Only 15 cars (or so) are illegally parked in the streets on a daily basis. This doesn’t seem like a lot of cars, but if you combined that with, Garbage cans (being left out curbside), and the occasional visitor we all have this makes a potentially unsafe situation for any emergency vehicle.

Sounds like a pretty common problem in many HOA around the country.
Thanks once again.

I’m will to try again though.
Thanks for the suggestion.
Chuck W.

Charles E. Wafer Jr.
KathyS (California)
Posts: 145
Posted:
Dawn,

Remember, the towing laws for California HOA's changes on Jan. 1, 2007. Vehicle code 22658.2 has been repealed.

Kathy
PatrickS1 (Colorado)
Posts: 1
Posted:
We are a new (4 years) HOA. We are making our first attempt at establishing some rules - which our covenants allow us to do. Parking is the most discussed issue. We are an upscale town home golf course community. We have 2 car garages and would like to encourage the homeowner to use the garage to store their vehicles (not their driveways or common parking)as we have very limited parking. Also a big issue is homeower parking on a public street next to our HOA. Any thoughts?
BrianB (California)
Posts: 2,820
Posted:
My thoughts, since you asked...

When i moved to Arizona, I thought it weird that people disliked me for parking in my driveway. I always figured that's what driveways were for, parking cars. beats parking on the lawn! My garage had other uses, and since i didn't need the protection of the garage for winter cold, frozen windshields, etc., I thought "why bother putting it inside every time!?"

Now, even though i do park in the garage, i still think driveways were meant for parking, so let cars park there. Streets, you can police/keep people from parking (i dislike folks who park in the streets and DON'T park in their own driveway, for example), but let folks park in their driveway. It's what that slab of concrete was designed for...

(okay, maybe not... it is a DRIVEway, after all, not a PARKway.... but oddly enough, we DRIVE on a PARKway, and PARK on a DRIVEway.. go figure)
SidneyP (Florida)
Posts: 302
Posted:
I live in Fl. and our CC&R also states no parking in the street but when we tried to enforce it, we were told by the county police that it was a public street and we could not stop the parking. I don't understand this because as was stated above, emergency vehicles could not get through if needed. We were told we could only enforce this rule if our streets were private.
BrianB (California)
Posts: 2,820
Posted:
Sidney, i believe the county is correct in your case... a city, county or state law to allow parking will overule an HOA to disallow it, if the city or county maintains the street itself. If the HOA maintains it (ie, it is a private road), then they can do what they wish.

The only place I have seen this judged differently is around colleges and sports stadiums, where people are sometimes allowed to charge for parking, or mark off sections of the publicly maintained street *themselves* for use.
RogerB (Colorado)
Posts: 5,067
Posted:
An HOA can enforce a restriction on no parking in the streets within the subdivision when the restriction is in their Declaration when the streets are dedicated with a plat which states the HOA reserves the right to enforce their CC&Rs. Normally laws are made to restrict rather than to allow since there may be an infinite number of options for allowing. Cities, such as mine, have restrictions against parking on public City streets longer than 72 consecutive hours in the same location.
MikeS1
Posts: 668
Posted:
Patrick - We're in Northern VA - I wish that I could find some way to force the owners to use their garage for parking and not storage. Since our DOCs allow them to use the visitor spaces on a limited (3 day) basis, there are never any available visitor spaces. Since we were built in 1989 and the County zoned the land for 2.3 spaces per home (which includes using the driveway for parking). I WISH THAT I COULD FIND EXAMPLES OF SOME NEWER DOCUMENTS FROMA NEWER COMMUNITY WHERE THE BUILDER HAS ADDRESSED THIS ISSUE AND FORCED THE OWNERS TO USE THEIR GARAGES. This is really getting old. Not only are the owners using the garage for storage, but many of the homes have 3 to 5 cars. ANY IDEAS?
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By MikeS1 on 12/01/2006 9:23 AM

....... I wish that I could find some way to force the owners to use their garage for parking and not storage. Since our DOCs allow them to use the visitor spaces on a limited (3 day) basis, there are never any available visitor spaces. Since we were built in 1989 and the County zoned the land for 2.3 spaces per home (which includes using the driveway for parking). I WISH THAT I COULD FIND EXAMPLES OF SOME NEWER DOCUMENTS FROMA NEWER COMMUNITY WHERE THE BUILDER HAS ADDRESSED THIS ISSUE AND FORCED THE OWNERS TO USE THEIR GARAGES. This is really getting old. Not only are the owners using the garage for storage, but many of the homes have 3 to 5 cars. ANY IDEAS?


As homes get smaller, many homeowners need the "garage" space for other uses. As for the "3 to 5 cars", this is certainly a problem but as lifestyles change over the years, we now have vehicles for both parents as well as each child old enough to drive. Few parents have the guts to tell their teenage children that they can't have their own car, much less because of the CC&Rs in their subdividion. And what do you do about parking for guests? Or overnight guests?

We're a little different than you, our development is detached single family homes, each with a driveway and garage. There is no visitor parking lot, nor is there a place to put one. Our CC&Rs limit parking to the garage and no more than three vehicles in the driveway. "Overnight parking" is not permitted on the streets but they are public streets so this would be pretty difficult to enforce. And define "overnight". If someone parks at 6PM and leaves at 6AM the next day, that's clearly overnight. What if they park at 2AM and leave at 6AM? What if you observed the vehicle park at 6PM and leave at 6AM but they tell you they went to the store and came back? Is that "overnight"? And if you can't prove that the vehicle belongs to a homeowner there's absolutely nothing that you can do. You can't fine the person they were visiting, they didn't park the vehicle on the street overnight.


Ron
SC
HaroldS (Arizona)
Posts: 906
Posted:
Ron - I agree with you about lack of storage in these new homes. On top of that most associations do not allow visible outside storerooms either, so the garage is about the only place to store things. But I will never understand why folks will leave three expensive vehicles parked outside while the garage is full of "stuff." I dug down and installed a storage shed that is below the fence. Being tall, I still need to duck, but it is better than leaving my two vehicles outside. I still use 1/3 of the garage for storing more stuff but at least my 2 cars are inside. Harold

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