Condo Association Management Blog

Your bylaws may cover "parking" Check here first.In regard to the 2002 resolution-was it adopted following the requirements in your State Condo Law. Such laws usually require a majority vote of the council of unit owners for adoption

As Scott said, your first step is to throughly check your docs -- ?CCRs (covenants) and bylaws. There may be an article that addresses charging fees for common amenities, which may -- or may not include parking spaces. Also check exactly what your docs say about the parking spaces. 
 
IMO, it would be a very unwise measure for the board to either "sell" the additional spaces to the members or charge a fee for using an additional space.  
 
Regarding the resolution, the current board does not have to abide by it. Resolutions can be abolished the same way they were passed -- by a majority vote of the board. It's not true that a resolution must be voted on by the members. Resolutions are the same as rules which may be adopted by a majority vote of the board; however, this will be specified in your CCRs. Some states do require that the members accept the board-adopted rule/resolution -- check with your state HOA statutes. 
 
Parking is often a big issue in condo assn's because of the limited space. You may want to suggest to the board that they appoint a committee to come up with a parking plan. Getting the members involved is always a good idea especially when there is a "hot topic" issue to be resolved.

Why would a condo association not institute a parking program? At the last place I lived there was no program in place such as parking stickers or guest passes. This was done purposefully so that the Board could mete out punishment to those who had offended them. Basically, guests and their cars were threatened with being towed and claims were made that the parking was only for residents even though the rules clearly designated a visitor parking area. Until real laws are enacted that prevent this type of abuse by boards, these same boards will be a perfect place for angry control freaks who are self serving. I would never live in another association. Even though I like the idea of community, inadequate laws create many negative environments. Police tell me about the horrors of Association living and realtors tell me about dysfunctional Boards. 
I rather live in an RV.

Since today is Thanksgiving, I'll take a different track. I was thinking about consideration for our neighbors. I too live in a condo. We have a covered parking space plus visitor parking. Many people have 2 cars. If there are more than 2 cars per unit, most associations find parking a huge issue. Too many cars. Too few places to park. No spaces for 
 
guests. 
 
Consider, if you have more than 3 cars including cars not driven on a regular basis, perhaps fairness would dictate owners renting an off site storage place for the additional cars.  
 
How many cars or vehicles would you consider fair? Would 5 be the right number? 7? How many cars are needed? 
 
Just be fair and perhaps your neighbors will do the same.

Hello, I'm an independent property manager in Cleveland Ohio, which means I will give your Association the personal attention you deserve. If anyone is looking to change managers,I would be interested in talking with your Board Members. Email lciarlillo@gmail.com  
 
Thank you

Also check your condo documents for the procedure for selling or transferring a common element (a parking space). It may be more difficult than the board thinks.

It would be helpful if all who write in or respond to questions use the correct terminology, especially for those responding. There is a distinct difference between a condominium and a homeowners association. State laws and ownership of units or Lots and common property are directly defined by the entity. Confusing the designation creates a context for incorrect answers. 
 
In a homeowners association, the owners own their (entire) house and surrounding ground as defined by the plats and the deed. The entity (HOA) owns the common property in separate deeds.  
 
In a condominium, the owners unit is defined by the plat, the documents, and the deed. Until recently, the unit has always been the "air space" and most often the interior walls, floor, and ceiling and an undivided interest in the common elements. The common elements are defined in the condo's legal documents and usually consist of the property, the exterior portions of the building(s), and the shared interior spaces such as halls, elevators, stairs, meeting rooms, etc.  
Newer condos are being defined by the developers as extending from the exterior highest point of the roof to the lowest elevation of the subflooring, etc. This is being done for two reasons - it affects the liability of the developer and allows the condominium to have less maintenance and reserve responsibility.  
 
Purchasers of newer condos must be careful in reviewing the documents prior to purchase and must clearly understand the maintenance responsibilities of owners and the condo itself. This also affects the insurance obligations of each party.  
 
HOA boards have greater authority over the use of common property. Condo boards must be careful not to infringe upon the shared right of access to common elements. Common elements are not sold to individuals and many states do not permit restrictions on parking spaces beyond that permitted in the individual condo's documents.  
 

Parking can be a problem in any condo. We have a limited amountvof guest parking and sone owner's take advantage of it. There is another problem, we each have a garage bu a fair number of people don't park a car in the garage because they use it for storage. We have a rule that one car be parked in tge garage and one on the driveway. There is free, unrestricted parking available outside the gates for extra cars. unfortunately some residents don't want to park there because then they have to walk through the gates and yo their unit, so they abuse the system. Most condos built more than 10 years ago were not designed for more than two cars at most, so something has to be done to prevent chaos and fights between neighbors. Nobody likes having to enforce parking rules. It's a lousy job.  
 
As for Nancy Jacobson's post, most of us know the difference between an HOA and a condo, though when we speak of an HOA it usually means a condo HOA. Neighborhood HOAs are completely different and have fewer of the problems that condo HOAs have. This blog is called Condo Association Blog, not an HOA blog, so that should tip anyone off as to what we mean when we say HOA.

To add to Louise's post: 
 
 
 
In some areas, HOA refers to condo and planned community. Remember, HOA is an abbreviation for "homeowners' association"!

We have assigned parking spots for each resident and the requisite (although barely adequate) guest parking spots for visitors. 
 
As is typical our guest parking spots were constantly being abused and we tried a few different tacts before settling on some basic enforcement measures that seem to be working quite well. (We usewww.guestparkingpermits.com) 
 
However, even though we are able to track violators much easier the fact remains that you have to be willing to enforce your policies. Nothing can replace how effective consequences are. You simply have to be willing to fine, tow, or boot at a certain point - people get in line pretty quick if you draw a line in the sand at some point.

Recently the board in NJ put out a ballot to vote on renting out 10 guests spots. Our POS states that after the 136 numbered spots are given out the rest are guest spots. I question whether the board can start renting the guest spots without an amendment to the Document. They are also discussing taking away the owner's designated parking spot if they are delinquent. Most of the spots are deeded. Some folks changed parking spots and did not register their new spot in the Clerk's office. The board states they can do this but from my research they man not reassign deeded spots. Again I feel is they want to rent guest spots we must have a 2/3s vote for an amendment to have revokable leases for the 10 guests spots. Any comments?

You need to thoroughly read your CCRs (declaration) to see if the board has the authority to do anything with these guest spots. If the CCRs say only that the remainder of the spots shall be guest spots then they cannot be rented, they can only be designated as guest spots. As for taking away member's parking spots if they are delinquent, I doubt they can do this if those spots are deeded to the member. Most CRRs say the board may deny use of common areas to members who are delinquent. However they cannot deny use of an area that is owned by the member. 
 
Before you approach the BOD to let them know they are wrong make certain you have thoroughly read the CCRs and know exactly what they can and cannot do with regard to these parking spaces. They may tell you they have the authority to interpret the CCRs, which is true however they cannot change the meaning through their interpretation.