Get 2 months of free community web site hosting from Community123.com!
Tuesday, August 20, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: New Parking Decals
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
HectorR
(Florida)

Posts:36


07/15/2019 7:24 AM  
Good day everyone, our BOD and property management company sent letters advising all 548 homeowners and renters to meet on Saturday July 13th for distribution of new parking decals and a copy of the Drivers license and registration would be needed. The location for meeting was at one of our community pools and none of the board memebers were present but only the propert manager and two other management staff memebers. Things went quickly wrong very fast and here is what happened:

1-In the noticed they placed on all doors stated they were only going to be giving out decals from 9-11:30am.

2- The line to get decals looked like a line after a hurricane hit and people were trying trying to get free water(extremly long).

3- The property manager made an annoucement that if anyone has their Drivers license # blanked out fromnthe copies, no decal will be issued.

Several home homeowners began to protest and stated that they were not giving them the DL# because of privacy and fear of identity theft.
The homeowners added that they did not trust the management company with their personal information.

I was standing in line with all my papers ready to get my decal when at 11:30am they shut the gates. I was outside with other home owners standing in the sun for 1hour and 25 minutes and could not belive what they have done. There was some elderly folks there whom were drench in sweat (it was 90 degrees out).
So here is my question are we forced to give out our DL# to our property management company?
Cant they see the license is valid with the address they have on their rosters?
Homeowners are now forced to go to the management office and get a decal by August 1st and if you dont have a decal, your vehicle will be towed even if its parked right infront of your home.
We have assigned parking which is right infront of our doors. Is this legal? What rights do we have?
Please advise, thanks.
ND
(PA)

Posts:330


07/15/2019 8:48 AM  
Searched quickly for your scenario on Google and the following advice was provided by a HOA/Condo Assn Attorney (location unknown): "Boards can ask for any information they want to and many owners will probably provide it voluntarily, especially if the request looks official. Whether an owner is required to provide such information depends on whether it is relevant to existing rules or regulations, the authority for which appears in the governing documents, or whether the governing documents (which include the CC&Rs and rules among other documents) require that the information be provided."

You'd need to consult a local attorney as to legality of all that they require and plan to do.

- Them requesting DL# - no issue with them requesting whatever info they want.
- You being forced to provide DL# - likely only required if your governing docs indicate it is required or that the process you're being put through is required.
- Them towing if no decal - likely only permissible if governing docs indicate this is the process.

Overall sounds like a poorly planned and executed process of parking decal distribution. Your frustration is understandable. However, in a community with assigned parking of a (assumed) limited number of spaces, collection of some vehicle/driver info may be necessary to ensure proper distro of decals and application of those decals to the appropriate vehicles. It's a difficult thing all around that can quickly get out of control if not done thoroughly/well.

Honestly speaking, since I don't trust anyone with my personal info, and if nobody could provide factual evidence (by way of CC&R/rule/law references) as to why the info was required, but they still insisted that it was, and copies with redacted info weren't acceptable, and that I wasn't getting permits if not provided . . . then I would have no issue in providing them misinformation . . . I would likely provide them altered/photoshopped copies of my documents with personal information (DOB, DL#) altered just to get my permits in-hand, leaving it to them to prove otherwise that my info is inaccurate (unlikely the will actually do anything with the info provided).
CjC


Posts:192


07/15/2019 10:41 AM  
We are a community of over 3000 and we have parking decals as well. We have only ever had to provide our names, car make and model and address. We have never nor would I provide a copy of my license.
MarkM19
(Texas)

Posts:371


07/15/2019 10:41 AM  
Poor Planning always gets Poor Results.

I just did the quick math and it looks like in the 2 1/2 hours for them to be successful they would have
had to have taken the information and given out the Decals at least 1 every minute with three people working in perfect harmony. Nothing happens perfectly as this event has once again proven. What if the homeowners work during this event? What happens if they are out of town? This should have been done on multiple days at different times including weekends. How many decals were actually handed out during this time frame.

They need to be instructed by your board that they need to postpone the 8/1/19 date and make it a more reasonable deadline. The Property Manager works for the HOA and is instructed by your board.
HectorR
(Florida)

Posts:36


07/17/2019 9:11 PM  
Thanks everyone for your replies. I have been living here since 2002 and we never had to have decals. We all have two parking spots and they are 3 feet from our doors. This is a rule that they are trying to enforce without a board meeting and without 2/3 of the home owners votes. It clearly states that rules can be changed by the board in a board meeting with 2/3 of the voters interest. One of the home owners that was denied a decal for her car because she crossed out her DL# drove to the property management office. She took a copy of our declorations and the property manager and the board refused to provide her with a decal.She was told that her letter and copy of the declorations will be forwarded to the HOA attorney for review. As far as towing, the declorations states that any vehicle which is not operable must be removed within 24hrs or it will be towed.
No where does it states that vehicles need decals so they cant tow
I think that if the board of directors treat the home owners with respect and decentsiy, we can get further and help each other.
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement