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Subject: Sample parking enforcement policy
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DwightT
(Idaho)

Posts:664


04/08/2009 8:04 AM  
Like many HOAs, our CC&Rs include a section about "Vehicle Storage". How it deals with boats, trailers, etc. is pretty clear - they must be screened from view. The part for cars is a little less clear:
"Parking of automobiles or other vehicles on any part of the properties or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas."
I've been trying for the last couple of years to get the Board to adopt a written policy to deal with enforcement of parking, but as I have mentioned here before, for various reasons our Board has been reluctant to address cars parked on the streets and in the driveways. However, since we've started to receive complaints from homeowners about excessive amounts of cars parked on the street, the others are starting to think that coming up with a policy might not be such a bad idea.

So, does anybody have a wrtitten parking enforcement policy that they would be willing to share as an example? I'm not looking to circumvent the CC&R, just come up with guidelines for the Board or enforcement committee for verifying violations and sending notices. We've pretty much decided that we can allow parking in the driveway as an "other approved area" (and that should at least get a lot of them off the street), but we still would not want to allow long-term storage of junkers. That means that we would probably need to keep records of how long a car was parked in one spot and define time limits. Any other suggestions?

Thanks in advance for any help.
LoriL1
(Florida)

Posts:78


04/08/2009 11:52 AM  
I'm not sure how wide the streets are in your community, or if you have ordinances that require that they be a certain width, but the Florida Fire Prevention Code mandates that emergency vehicles have unobtructed access. The following excerpts are from Chapter 18 of the Florida Fire Prevention Code which regulates fire department access:

18.2.2.5.1.1. Fire department access roads shall have an unobstructed width of not less than 20ft. (6.1m) and an unobstructed vertical clearance of not less than 13ft. 6 in. (4.1m). Minimum width may be reduced to meet special access with the approval of the fire official.
18.2.2.5.4. Dead Ends. Dead end fire department access roads in excess of 150 ft. (46m) in length shall be provided with approved provisions for the turning around of fire apparatus.
18.2.3.1.1. The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles.
18.2.3.1.2. Minimum required widths and clearances established under 18.2.2.5.1 shall be maintained at all times.

http://www.fldfs.com/SFM/florida_fire_prevention_code_2004.htm

To be in compliance with this code and for the safety of our residents, our street parking guidelines are simple - NO parking in the street or you will be towed without warning. We gave everyone sufficient notice that we would begin enforcing this rule and then those that continued to park in the street were towed. Don't have too many violators any more!

Hope this helps! Lori
DwightT
(Idaho)

Posts:664


04/09/2009 7:50 AM  
Thanks Lori, but our streets are wide enough that F.D. access isn't really an issue. The only safety issue for us is that having cars parked on the street can create problems when pedestrians (kids) can't be seen because of the cars blocking the line of sight.

In this forum we have talked before about the Board coming up with a book of "Policies and Procedures" (or "Rules and Regulations") to guide the Board in CC&R enforcement. These policies can't contradict the CC&Rs or the Bylaws, but they would help to clarify how the Board interprets a restriction and specify the steps that should be taken when a violation occurs. I'm looking for an example of a policy for HOA parking violations.
ThomasD2
(California)

Posts:208


04/09/2009 7:21 PM  
If anybody knows the California codes for the mandates on emergency vehicle access I would love to read them. Parking and emergency vehicle access is an ongoing discussion in my HOA and I have written about it here before.
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