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Thursday, February 25, 2021











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Subject: Parking
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Author Messages
RanelL
(California)

Posts:4


02/19/2021 2:17 PM  
I have lived and owned my condo for over 12 years. Within the last few years, the HOA has set up a new parking rule that each resident would need a parking permit to park within the complex. They gave each resident 1 parking permit. So basically, I can my car in my garage, my spouses car parked within the complex with a parking permit, and my child's car can't park there and is endangered of being ticketed, fined, and towed for $450 or more. I have gone to the HOA meetings and expressed my concerns, and was told to talk to one of the neighbors and rent their parking permit or park somewhere else outside the complex. Unfortunately, there is no street parking allowed and the closest place to park would be in a different neighbor about a 1/2 mile up the street, which is what I have been doing. I feel like I'm being discriminated against and I am not the only one there having this issue. What are our rights as homeowners?
TimB4
(Virginia)

Posts:17373


02/19/2021 2:31 PM  
Posted By RanelL on 02/19/2021 2:17 PM

I feel like I'm being discriminated against and I am not the only one there having this issue.




Based on this posting, you are not being discriminated against.


Posted By RanelL on 02/19/2021 2:17 PM

What are our rights as homeowners?




Limited, as the Association, i.e. the board, has authority over the common area.
You can gather support and amend the governing documents.
You can gather support and remove the board (recall or at next election) with those who will get rid of the permits.
You could verify options with an attorney versed in contract law (as the covenants are a contract).



The larger issue is that municipalities allow developers to design condos and town home developments without enough parking. I would say 3 per home/lot/unit would be best. This is why the parking issues occur.

Your Board is simply trying to manage the parking so it's the most fair to everyone.
(count the number of spaces, divide by number of units and you see how many spaces should be allotted to each unit).

I would suspect that if you have a better option that is fair to all that eliminates permits, then the boad and membership would be willing to listen.
RanelL
(California)

Posts:4


02/19/2021 2:51 PM  
Before the parking permits were initiated, some people were using their garages as storage which caused the parking issues to begin with. Once people were forced to clean out their garages and move their cars into them, that cleared up some parking spaces. Seems like the developers of the condos, did not take parking into consideration as there are 88 units and 84 parking spaces. That's bad planning on their part. My question to the board was why did they not even consider people who had more than 2 drivers in their family and work something out with them? Why did they not petition the city to open up street parking close to the complex? I've asked those questions, and was basically told find a neighbor who will rent me their parking permit.
SheliaH
(Indiana)

Posts:3805


02/19/2021 3:19 PM  
A better question is why the DEVELOPER didn't consider two or three parking spaces. That said, remember the developer's prime directive is to sell houses or condos, so if they can put as many as possible on the property (even if it's the size of a postage stamp), that's what they'll do. Once the community's turned over to the homeowners, it's their problem.

You don't say how old your community is, but you should also remember when most cities were established, there were no cars AT ALL, and when they became in vogue, people who could afford them usually made do with one. Nowadays, you, your spouse and all your kids may have cars, but unfortunately, the size of the property hasn't changed and can't change. All of this sounds cynical, but that's life in these modern times. Actually, it's one reason why many people are looking for areas that are more receptive to public transportation, walking or bikes.

As Tim said, the board is trying to manage the problem in a way that's fair to all homeowners, and I'm certain you aren't the only one who have this problem. As for petitioning the city, what's wrong with YOU going around to your neighbors with said petition and then going to the next city council meeting, zoning board or whoever regulates street parking in your area? Unless you or someone else can come up with a better plan, you'll have to cope as best you can - you saw the parking before you bought your unit and made the decision to buy, so it's not like you didn't know how much parking was there.
JohnC46
(South Carolina)

Posts:10607


02/19/2021 3:23 PM  
Ran

Does the driveway in front of your garage have room for parking a vehicle(s)?
RanelL
(California)

Posts:4


02/19/2021 3:35 PM  
Actually I did not know of the parking problem until I had already moved in. I was excited just to be a homeowner again. The community was built in 1984 and parking was not the only issue. Being built on a hill, you know the saying shit rolls downhill? Well, raw sewage became a problem for the people at the bottom of the hill to where the owners sued the developer. I didn't know about this until a month ago after my water nearly flooded my unit because the developer decided to put it inside the condo instead of inside the closet in the balcony. But that's another story. I will ask the neighbors to see if they would be willing to petition the city for street parking.
RanelL
(California)

Posts:4


02/19/2021 3:38 PM  
Unfortunately, there is no parking allowed in front of the garages. I've even asked if the street leading up to the complex can be reserved for parking, but was told, due to zoning, there needs to be room for emergency vehicles to drive up street. To me it looks like there is, but what do I know. I event made the suggestion to cut down the trees there to make room for parking.
TimB4
(Virginia)

Posts:17373


02/19/2021 3:50 PM  
Yep, street width is another issue that municipalities don't manage well.
Basically, if the city/County isn't owning the streets, the developer can make them narrower then a public street would be. Hence the need to minimize parking on them for emergency vehicles.

Research on the web shows that 20 feet of unobstructed road way is minimum for emergency vehicles. An additional 8 feet for street parking. Therefore, if the roadway is less then 28 feet wide (curb to curb), It's best not to have street parking for safety reasons.



Regarding trees, I found out the hard way that removing trees may require County/city approval as there has to be a minimum number of trees/bushes in a development. These are usually approved on a county map.

When I say I learned the hard way, our board was changing the design of our island due to so many trees dying and having to be removed. One individual gathered support from the neighbors to the point I thought I was in front of a lynch mob. That same individual also turned the issue into the County. The County said replant per the approved plan and do it quickly (within a month) or face fines.

Hence, tree removal likely isn't an option.


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