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Subject: Lottery Parking Plans; HOA wants $$ for Spaces

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Jadedone4
(Virginia)

Posts:495

08/13/2008 4:19 AM
My HOA is considering "renting" certain spaces within the community to owners on an annual basis. The logic is that this would be similar to creating temporary "exclusive" use of the clubhouse/pool/louge, etc. The parking spaces would be placed in a "lottery" system with owners desiring a space having probability to rent a space based on selection and annual fee. I gotta be square here - I hate the idea and believe it a bad idea; but as Board President, I am trying to be objective here. In my mind "cons" are... a. with current RE market community is about +/- 65% non-resident owners, and this is a single family, townhome, condo sub-development. b. There are on two major clusters of parking spaces, all other spaces are limited to 5-7 car lanes - community is spread out and the available parking is also. However 90% of the internal roadways/streets are designated fire lanes, because of the density - therefore, extremely limited "street parking." Begs the question of "how" do you determine which spaces are designated "rented" spaces, out of 5-7 spaces servicing 12-15 homes? c. with "a" above any multiple unit owner, would be afforded multiple chance to get a space - generally do not believe that would "unfair" just doesn't seem "right." The HOA is already grappling with the rental issues (more folks in units, then boy/girlfriend shows up spends countless nights, burden to already limited visitor parking. Folks are maxing out on driveway/garage parking does not equal number of vehicles, etc. The presented "pro's" have been additional "revenue" for the HOA, as the spaces should be considered "prime real estate" owned by the HOA, and desired by members. Standard issue/problem for most new developments - developer wanted more land for houses, used the absolute baseline/minimum for parking (to include garages/driveways); however, owners have more vehicles then above. HOA atty's have said that the HOA "can" do the above (rent spaces), however, not completely convinced that we "should" do it. Any "both sides of the coin" experiences on here...? Apologize for any "bias" I have in this in advance - just raised to believe that you purchase a home to accomodated your existing needs, and if you have "extra" vehicles, YOU find a solution for your situation, and not expect the HOA to solve the issue. ** Parking is about to be taken over by the retiring Tony Soprano, will we get a "offer youse don't want to refuse...?"

GeorgerwilliamsW
(Indiana)

Posts:768

08/13/2008 4:48 AM
What is the current status of the parking spaces at present? First come first served? Here's my inflation-adjusted $2.00 worth of thinking. (Worth exactly what you pay for it.) Instead of a lottery, how about an auction--spaces to highest bidder (market clearing bid). Keep in mind that you will have to implement an enforcement policy, and that will eat into the revenues. You will need to be prepared to deal with problems that may ensue from towing illegally/improperly parked vehicles. You may also incur signage expenses up front as well. You may have to implement a community wide parking permit system and enforce it with towing. That may mean that cars without a permit parked in the area between the hours of, say, 1:00-5:00 am are subject to being towed. It also means that a process for temporary permits and overnight visitor permits would have to be instituted as well. What will a change do to the availability of visitor parking? Maybe, just maybe, this is a decision best left to a vote of the members. Maybe the best solution is no solution. No easy solutions in this world; just easy problems.

MikeS1

Posts:0

08/13/2008 5:13 AM
Another possible wrinkle might stem from the fact that if a new resident moves into the Condo section (who is handicapped), aren't you all obligated to accomodate this resident with a handicapped space? ... and where does that space come from?... of you've sold most of the spaces? You've got me real curious here.. Where in VA is this community located? What's the community name? Is this a new community?

Jadedone4
(Virginia)

Posts:495

08/13/2008 5:25 AM
Current policy is limited to driveways/garages, all other parking is considered visitor parking - limited to decals/placards or HOA sponsored ID system. Currently on third towing company (more to do with transition issues, changes in local req's etc). On your question regarding towing enforcement - in the case of a "rented" space, who would be responsible for removal of vehicle; HOA or renting owner? Unsure if "highest bidder" is appropriate for such a policy action. We do not rent out the clubhouse/pool/louge or game room to the "highest bidder" but under a structured system to include deposit, fee for cleaning the area, and requirements for security. Agree with assessment of "vote of members" however attys have stated that the board may do this.

Jadedone4
(Virginia)

Posts:495

08/13/2008 5:35 AM
Think that any HOA's requirement or responsibility for handicap parking is moot, as it applies to common areas (in our case the pool/clubhouse/louge and adjacent gameroom) reguire HC parking, the other parking in the community does not have the HC requirement. Condo's here would have access to 2/3 spaces, depending on unit type, so if HC use driveway/garage space - which makes more sense as the space is always there/available, owner controls access (if there is need for egress, i.e. wheelchair space, etc). Another wringle is that resident at last meeting raised issue of also creating motorcycle/bicycle parking areas (covered like carports) for those owners with that class of vehicles. How do you agree to one, and not the other....? Unsure where the spaces would be allocated, as the clusters are so limited with available spaces. I've lived in NYC and the parking "stacks" would probably be a no-sell here (smile). Community is near Dulles airport, Five years young - weird set-up, probably the casuality of the rapid RE boom. Posting rules here require no posting of actual names of properties, etc...

GeorgerwilliamsW
(Indiana)

Posts:768

08/13/2008 5:56 AM
I think you are on the right track. You are clearly asking the right questions. This problem is going to require the very best judgment and decision making skills you can muster to sort out all the issues and do the best thing. There may not be a "right" solution, just a "best" one. "On your question regarding towing enforcement - in the case of a "rented" space, who would be responsible for removal of vehicle; HOA or renting owner?" Virginia statutes may have something to say about this. Generally, the association contracts with a towing company to patrol and tow as necessary. And generally the towing company is responsible for errors and damages. But that does not stop the association from being sued. Seriously, you may want to consider the best solution to be no solution. Any other choice may create far more problems than it solves. I am not advocating it. I am just glad I am not making this decision.

GeraldT4

Posts:934

08/13/2008 6:14 AM
Jadedone4 - As an alternative, how about leaving everything as is and do nothing? Parking problems will never go away in any community, HOA or non-HOA. By solving one problem, and I'm not convinced there really is one, a whole new set of requirements and legislation occur. To what extent is an HOA to be "revenue producing"? Owners purchased knowing, or having the opportunity to know exactly what they were getting. Not to suggest that a community can't evolve but I'd let the request to develop a system come from the non Board member side of the table first, and let every owner have the chance to form a committee to develop a method/solution. Have a Board liaison, etc. but get this off the Board's plate from deciding how to structure and word this.

MikeS1

Posts:0

08/13/2008 6:15 AM
Aren't some of these Condo's? I would agree that with the SF and TH's that there is no requirement for HC spaces, but with Condo's, it's my understanding that they might be subject to "Reasonable Accomodation or Fair Housing". Every Condo that I've seen in NV seems to accomodate each and every HC resident as they move in and move out.

KirkW1
(Texas)

Posts:1190

08/13/2008 12:03 PM
If there are not enough spaces, then renting out the spaces would in fact be trading one problem for another. That being said, sometimes one is easier to deal with then the other. Here is what I would look at doing. I would put together a committee charged with coming up with a plan for presentation at the next membership meeting. They should try and balance taking away spaces and generating revenue. They should identify all spaces that would be rented and perhaps even mark them with something ahead of the whole thing. Publicize the whole thing greatly. Then at the meeting require a 2/3 majority of votes cast to move forward with the plan on a one year trial. As a BOD member I would also abstain with any non-directed proxies so that the vote was from the floor and the debate was fair. (And I would state this up front when the notice went out.)

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