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Subject: Regulate the parking spaces across the units
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Author Messages
AsafY
(Florida)

Posts:39


07/24/2020 12:33 PM  
Hi,
We have 40 units in our complex, a small town homes complex at Florida.
As of now each townhouse has two parking spaces, the garage and the garage pathway.

In front of the town homes there is the main road and small margins members are using as additional parking when guests are arriving. during the summer the complex was full, some members started to complain that other guests members are parking in front of their homes.(As today its based on first come first serve)
The board thought to regulate the margins area by allocating private parking.

Our thought was to mark parking lines and place the unit number. Per covenants the board are responsible of the complex area, roads, signs , parking and so on..


How will you suggest to start doing it the right way? Anything we need to check with the county?
any guidelines we should follow?

Thanks in advance!

LetA
(Nevada)

Posts:997


07/24/2020 12:46 PM  
Are you a gated community, or are your roads open to the public?

You can start with your governing documents, does your governing documents say you have an exclusive or limited right to park in front of your home? Your board can alway hire a surveyor to find the property lines and mark the curb so you can come in and paint lines in the street. Look to your sate and local ordnances for guidance.
GenoS
(Florida)

Posts:3925


07/24/2020 1:05 PM  
Think first about enforcement. If you do implement some sort of rules then you need to be prepared for how to deal with violations. If you don't deal with them, things will most definitely get worse.
JohnC46
(South Carolina)

Posts:9678


07/24/2020 1:16 PM  
Asa

What you can or cannot do will depend on are your streets private or not? If private you can pretty well do anything you want but as Geno asked: How are you going to enforce?

If the streets are public, I doubt you can do anything. Also when public, owners might agree to different (harsher) parking regulations if in the Covenants as they signed them, but these restrictions do not apply to non-owners as they did not sign anything agreeing to such.
DouglasK1
(Florida)

Posts:1519


07/24/2020 1:24 PM  
Speaking in general terms, on most public streets, owners do not own the parking rights in front of their property and anybody who is legally allowed to park on the street can park there. Unless the CCRs specify otherwise, I would expect this to be true for HOAs with private streets. I know some people seem to get annoyed when somebody else parks in front of their house, but as long as they aren't blocking the driveway and otherwise not violating any parking restrictions (fire hydrants, distance to intersection, etc.) those others are free to park there.

If your roads are not all straight, you might have properties on a curve or corner in the road that don't have any street frontage except for their driveway, should they be denied street parking while others have it? What about people who don't need or want to park on the street, should the area in front of their house be unused while others do need it?

Are your roads public or owned by the association?

Personally I'd leave things the way they are. First come street parking is the way it is in most places in the country and while there will always be complainers, it generally works.

Escaped former treasurer and director of a self managed association.
AsafY
(Florida)

Posts:39


07/24/2020 2:26 PM  
Its a non gated community.

Reading again the CCR&Rs I found the following sections discussing the roads/ parking:


"
Common areas - ... the common areas owned by association .. The roads of the sub division."

The Associations shall serve as assignment to association of the following duties..
- maintenance of common parking areas and exterior lighting within the property but not attached to a unit or otherwise located on within a lot.

" Vehicles - No automobile, truck ...shall be parked on any roadway overnight" -

" Common Roads - The common roads shall be utilized in accordance with the rules and regulations promulgated from time to time by the association, every owner shell have the right and easement of ingress and egress to his lot over common roads"

"Common roads" - The declarat reserves for the benefit of the owners of any lot , an easement appurtenant for ingress and egress to those certain roads and rights of way of ... to the plat thereof"

"


As of now all members and guests are parking on the Margins.
AsafY
(Florida)

Posts:39


07/24/2020 2:30 PM  
I tend to agree to leave things as they are however from time to time its involves a huge headache when members guests crosses the line (which is hard to prove) ending up members blaming rentals units which is not always the case.
GeorgeS21
(Florida)

Posts:2902


07/24/2020 4:47 PM  
The county can tell you who owns the roads - I would call them and confirm.
MarshallT
(New York)

Posts:85


07/27/2020 5:51 AM  
Hi Asaf,

Do make sure you have the authority to regulate this space. If it is a public street there may not be much you can do.

If you do decide to go forward with this change, make sure you've clearly communicated the rules to everyone so that there are no surprises. If the rules are broken, how will the board correct the behaviour?
GeorgeS21
(Florida)

Posts:2902


07/27/2020 8:06 AM  
Asaf,

Have you confirmed who owns the roads in question?
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