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Board of Directors in a New York Condominium are proposing a parking rule. That if an Unit Owner is in arrears with their common charges. The Board will revoke their parking spaces. Unless the Unit Owner makes a agreement plan. If not their cars will be towed and or booted. And no one is to use the parking spaces. 1) In our NYC Department of Buildings Certificate of Occupancy, notes that one off-street parking space is required for each dwelling unit. 2) Property valuation (tax assessments)in our Condominium New YORK(NYC)Also states that, one off-street parking space is required for each dwelling unit. 3)In our by-laws it stated the Board of Managers will have the right to reallocate parking spaces among sold units with the consent of the affected Unit Owners. 4)Another section of the Offering Plan states that that although the parking spaces are limited common elements the unit owner having exclusive use thereof. But, it is Board of Managers responsibility of maintaining and repairing the parking spaces, and the cost thereof will be included in the common charges payable to all unit owners. With the above mentioned 1 through 4. Does the Board of Managers have the authotity to adopt and enforce such a parking rule. The main question is it legal or illegal in the the State of New York..
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In our condo community we have a rule that pertains to our parking lots. Please keep in mind that we are not talking about a driveway belonging to a single/duplex, etc. with an individual driveway that leads to the "house" or a garage. We are speaking about a parking lot with stripes, numbers, etc. that is between a city street and the condo property sidewalks. The lots are owned and maintained by the condos and the Board has jurisdiction over them. We have a rule that children do not play at all in the parking lots. No bikes, skateboards, ball, bats, skates, etc. After problems years ago we checked with our insurance company and it was their suggestion that we vote on this and inform the community for the following reasons: (1) safety of children as people ride through the parking lots, children dart between cars, etc. (2) damage they cause to vehicles with balls, riding into them with the bikes, etc. (3) they are parking lots not driveways that are for the use of an individual/family. There are delivery trucks, cars riding using the lot for a turn around, service trucks, parked cars and people backing out of spaces. (4) The liability for these lots go with the condo association. The rule for bikes is that they are not to be ridden on the sidewalks, in the lots or on the grass. Children can ride in the city street that goes around the perimeter of the complex. If the children are small, parents can certainly and should be with them. There are many neighborhood in the city where children only have the streets to ride in and they all seem to make it work. Why can't these people who refuse to follow rules? They have also caused distress to long time residents of the complex with all the noise they are creating in the parking lot in front of the units. Can you please share what you do about this "stuff that aggravation is made of" in your community. I would really appreciate it. Thank you!
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I own four condo's in a gated community with a HOA. Every owner has a garage or carport and a parking pass is not required to park there. Each homeowner receives one parking pass that can be used for an additional car parked in non assigned open spaces. If a due paying homeowner slips and forgets to put the pass in the car it is towed without any courtesy notice or warning. I am fairly sure they are allowed to do this since it is a common area but is there not a more friendlier way to handle this situation? The tow company seems to have free reign and tows anything and everything.
I know of two cars they have damaged in the last two months. Can somebody please tell me of a friendlier policy that I may present to the board?
Maybe a courtesy notice or a phone call and towing to repeat offenders???
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