Category Archives: Parking

Antiquated Condo Parking Lot System Ineffective and Unenforceable

C.S. from outside of Connecticut writes:

Dear Mister Condo,

The Manager of my Condominium does not exercise any control about the occupancy of the scarce parking lots. All these spots are numbered and some others (each for one each) and others are for visitors (without numbers), that is for the first that arrive. Can the owners know the parking spot numbers belonging to all others owners? Then we (the owners) can make a match to them and find abusive neighbors. There are many people that duplicate the hang tags or recycle from the former tenants and even have numbers that not matching with the numbers on the parking lots. The manager has mentioned that the number of each parking lot belong to the “privacy information”. Is this true?

Mister Condo replies:

C.S., it sounds like your association is using a very poor system of parking lot management. While it may fall to the Property Manager to enforce this system, I would complain to the Board that their system is ineffective and being rampantly abused by residents. All the Board needs to do is adopt a modern parking lot solution to get the problem under control. If they refuse to do that then the chaos will continue. Privacy issues are a legitimate concern and many people are not fond of outsiders (burglars, for instance) entering a property and inspecting vacant parking lot numbers to determine who is and isn’t at home. Vacant space equals a vacant unit. That might encourage a burglar to attempt a break-in. Many associations use alternate parking space assignments for just this reason. My advice is for you to write to the Board and ask them to modernize the parking lot assignment system. Then, the Property Manager is far more likely to be successful in enforcing the rules of the new system. All the best!

Two for One: Condo Parking Space Rental

A.Z. from Brooklyn, NY writes:

Dear Mister Condo,

I have a condo in Brooklyn. The condo has parking spot. I believe it is in my deed. Do I have the right to rent my parking spot? Thank you.

AND

E.P. from outside of Connecticut writes:

Dear Mister Condo,

I need your help. I live in 3-unit condo. The condo is self-managed. I have a parking space, which belongs to me but I do not have a car. My neighbor, who doesn’t live in our condo, is parking his car in my parking space with my permission. One of our neighbors, who lives in our condo said, that this is an unauthorized car and it should be removed. May I allow to parking any car on my parking lot if it is a part of my property? Thank you!

Mister Condo replies:

A.Z. and E.P., unless your association governing documents prevent it (many do, especially in high-density urban markets, so be sure you check your governing documents), you may have the right to rent your space. The reason many associations ban parking space rental is that it can create a potential problem for the association who owns the parking lots. Technically, your parking space rental enterprise sets up business on the common grounds, which is generally prohibited. What happens if the renter decides to sue you if their car is damaged in the space. Who can you rent to? Will it be another owner or someone who is looking for long-term vehicle storage? Can the renter sue the association if there is a problem? Rather than set themselves up for possible problems like these, may associations simply deny the rental of parking spaces. Check your documents. Ask the Board or Property Manager if you aren’t sure. Don’t be surprised if the answer is “no”. Good luck!

Too Little Deeded Condo Parking

L.L. from outside of Connecticut writes:

Dear Mister Condo,

I understand the condo board controls and manages the parking lots. Our particular lot does not have overflow like other lots within our complex. So, we have assigned parking. Our lot is also very active because we are next to the pool. Without fail, people ignore the “no pool parking” sign and still use our only three extra unassigned spots. On top of that an overflow lot that is separate from our lot but the closest gets full easily during pool season. This all makes parking a huge inconvenience for residents. We live in a three-bedroom unit. The other units are one and two Bedroom. In other areas of our condo property, there are three-bedroom townhouses with two assigned spots. We have requested a second assigned spot in the past before noticing the town house spots. We were shut down. How should parking be assigned in an equitable way? Is it a fair argument that our three-bedroom condo is comparable to a three-bedroom townhouse in regards to parking? They are designed to house the same number of people unlike the two and one bedrooms we are being compared to and being given one spot. Condo is about 1375 square feet and townhouse is about 1600, if square footage matters in this. Any advice on how to respectfully request a second spot is appreciated.

Mister Condo replies:

L.L., I am sorry for your parking conundrum. It sounds to me as though the “No Pool Parking” needs better enforcement if unit owners sharing that parking lot are to have any true Visitor Parking. That being said, I can’t see any reason for the Board to grant your request for additional assigned parking. Neither square footage, number of bedrooms, or any other factor determine or influence assigned parking decisions. When you purchased your unit, you knew exactly what was included for assigned parking. That is really the end of the story. You can ask and you can cite square footage and bedroom similarities to other units that came with more assigned parking but my guess is you will not succeed in your quest. In fact, from what you have told me, the pressure to provide parking spaces is so great, the Board would really have a hard time justifying any decision that removed visitor parking. Put yourself in their shoes and I think you will see it just isn’t to the community’s advantage to give up a parking space. Good luck!

Unhappy and Unsatisfied Condo Owner Moves Out

J.J. from outside of Connecticut writes:

Dear Mister Condo,

I been having a problem at my condo where I used to live. I left because they were always harassing me and my daughter. I’ve been towed because my car on my parking spot and the back tire was on line of the other parking spot. I have been trying to find out for 3 years where money is going because we have Reserves but we have no amenities but a pool.

Mister Condo replies:

J.J., I am sorry you have had such a trying experience living in a condo. Following parking rules can be challenging but managing the parking lot so all unit owners can enjoy the amenity is even more challenging. If you parked where you shouldn’t have you really can’t be too upset if your car got towed. How else could the association parking lot be available for all of the other unit owners who have also paid for unobstructed use of the parking lot? Understanding where your common fees go can be difficult to understand. Just because an association has a Reserve Fund (all should) doesn’t mean they don’t need your common fees for other budget items. All of the common amenities and services are paid for out of the common fees. Everything from the lights in the parking lot to the trash removal to the management of the association and so much more are paid out of your common fees. If you feel you were harassed in any way by your association, I would encourage you to speak to an attorney to see if what you experienced meets the requirements for harassment. Towing your car for parking improperly and insisting you pay your common fees certainly doesn’t qualify but I am guessing there is much more to the story than you have relayed to me here.  Good luck!

Condo Owner’s Guest Flagrantly Violates Parking Rules

L.W. from Fairfield County writes:

Dear Mister Condo,

Our parking rules state that “no vehicles may be stored in common parking spaces when not in use. Vehicles that are not operable or that will not be utilized for 15 days or longer should be parked in the Unit Owners garage or driveway.” The live-in boyfriend of a unit owner has parked his beat up pickup truck in a parking spot in the common area for more than one month. It has not budged in a month. I requested our Management Company ask that he move the truck weeks ago, but it has not moved. The owner of the truck is NOT an owner in this complex, just a friend of one. The truck owner has a new truck which he parks near the old one, indicating to me that he is merely storing this unused truck in one of our common area parking places. It is infuriating that they are being allowed to do this. What do you suggest?

Mister Condo replies:

L.W., the use and management of the common parking areas is the purview of the Board. It is up to them to enforce the rules of the association. Your duty is to report those parking violations that you observe to the Board. It is then up to the Board to take the appropriate action. You can follow up with the Board to see what they are doing but that is the limit of what you can do. The Property Manager can only do what the Board empowers him or her to do. While your by-laws state the intended use of the parking lot they may not say what, specifically, can be done to unit owners or guests who do not comply. Typically, fines are issued after warnings are given. In extreme cases, the Board may have the authority to tow the vehicle off property. Whatever the rules are, all you can do as a resident is to report the offense. It is up to the Board to deal with the problem. All the best!

No Enforcement of Condo Parking Rules Leads to Chaos for Condo Resident

L.T. from New Haven County writes:

Dear Mister Condo,

I have requested for past 5 years to move my parking spot. I rent (by choice) and I am allowed 1 marked spot and 1 visitor spot. I have the only spot parked under a tree. My car gets ruined every day by bird droppings it has ruined the paint on my car and is costing me a small fortune at the car wash. This is not my original spot as you can clearly see on the pavement it was changed. I drive an SUV and I am boxed in by car in front of me and one behind me. Almost every day I come home and someone is in my spot. It clearly should be visitor spot with the one behind me. Gas Co., Comcast , pizza delivery. etc.. So, I park in my visitor spot instead of honking my horn. I also take photos to document. I receive “fines” from condo board for parking in visitor spot. Clearly someone has nothing else to do. Nor have they asked “why” am I supposed to run out all night to check if they left. And it seems to only apply to renters. I also am disabled suffer from migraines. All this exacerbates my condition dealing w/ this every day. Seems there is one set of bylaws for owners and another for renters. I am now submitting a reasonable request. I cannot get an answer why this is such a problem? Just switch my spot. They did it for previous owner. I can go on and on example nobody parks in front of their garage as the bylaws state, parking spaces are not the same length, etc….

Mister Condo replies:

L.T., I am sorry you are having such parking difficulties at your condo apartment. Residents of condominium associations are supposed to voluntarily follow rules such as parking rules because they wish to live in an orderly community. Clearly, your fellow residents have no desire to do so which means the Board needs to intervene and enforce the rules. Sending you fines for violating the rules is one way in which they can attempt to impose order. However, they need to fine all offenders, not just you. If you are being unfairly singled out, you may have a case for a discrimination claim against the association. You should seek the advice of an attorney to see if that is plausible. Other than that, there isn’t too much you can do as an individual. You a should complain to the Board each and every time a parking violation is observed. The Board is under no obligation to move your space although you are free to continue to ask. My guess is this is a classic case of the squeaky wheel getting the grease. Be thorough, be consistent, and continue to document the parking violations and report them in timely fashion to the Board. Appear at the Board meetings to voice your complaints. If the Board is unable to fulfill its duty and provide your parking as it does other residents, you will be left with only two other options. Again, you can speak with an attorney to see if there is a legal case to be made or you can move to another apartment where parking may not be such an ordeal. Good luck!

Condo Board Making Rules for Public Road!

D.C. from Pennsylvania writes:

Dear Mister Condo,

Our condo association’s declaration and rules require residents to park in their garages and driveways and prohibit them from parking on the public road in front of their unit. This public road serves only the community. Guests of residents may park on the road. Is our Executive Board on safe ground? The condo association is located in Pennsylvania.

Mister Condo replies:

D.C., when you say “public road”, I have to assume you mean a road that is open to the public, not owned or maintained by the association, and subject to local laws. In other words, it is not a private road and the land on which it sits is not owned by the association. If so, the association likely has no jurisdiction over how the road is used. So, if parking on the public road is legal for all, there isn’t too much the association can do about it. If the association owns the road, they are in control of how that road is used and can make whatever rules they wish as long as they are legal. One other consideration for a public road is whether or not it is a local, state, or federal road. I know of association that are built on either side of state highways where not only local laws but also state laws apply. For these associations, it is next to impossible to control how these roads are used. My advice is to find out who owns the road and then advise the association Board whether or not it is in their jurisdiction to make any rules about how that road is used. If it isn’t their road, they can’t make the rules. All the best!

HOA Has No Jurisdiction Outside of Association Grounds

K.K. from outside of Connecticut writes:

Dear Mister Condo,

I live in a townhouse HOA. Everyone in the facility is allowed 2 parking spacing, those with more than 2 cars need to apply with the HOA to obtain an extra space as well as pay a fee for the parking permit. To avoid paying the fee and applying to the HOA it seems a majority of the community parks outside of and on the street into the community illegally in some areas. Honestly, it looks horrendous and makes it difficult to pull into and out of the community as it blocks the view of oncoming cars. What can I do about this? Should I call the county about the other owners/tenants parking illegally?

Mister Condo replies:

K.K., I am sorry that you are dealing with a challenging parking situation at your HOA. While the HOA controls much of what happens inside the grounds of the association, they have absolutely no jurisdiction over what happens outside the common grounds. The County officials are your only hope of correcting this problem. If no laws are being broken, there really isn’t anything else you can do about it. All the best!

When is a Condo Guest More than a Guest?

S.W. from Florida writes:

Dear Mister Condo,

Florida condo provides parking sticker for unit owner that lives in unit plus 2 guest passes. My son visits 3 days a week & stays overnight & hangs the permanent guest pass. Board wants him to lie in tenant form that he lives in unit & pays rent. By laws / condo docs state guest can park for a limit is 30 days, for a period of 4 months, except for family members. Board member stated the car will be towed if just using a guest pass. He is my son, therefore a family member & we do not falsify written documents. What are my rights? Also, sometimes I drive his car that is also registered to me.

Mister Condo replies:

S.W., I am sorry you find yourself at odds with your association over your son’s car. You should not be asked to falsify documents but you should also respect the rules of the association. Obviously, the association feels as though your son’s car being on property so frequently is a violation of the rules. You don’t feel that way so there is a disagreement between you and the association over the interpretation of the rules. Let’s start with the premise that you own both cars and want to keep them parked on association grounds. If what you have told me is correct, that isn’t allowed. You get one parking sticker per unit and that is being used for your car. You also get two guest passes that were designed for the specific use of short-term visiting guests. The association has very specific rules on what defines a guest. I can’t tell you specifically how to interpret those rules because you end the statement with “except for family members”, which clearly your son is. What are the rules for family members? Is there a form to fill out indicating that he is a family member? If so, fill it out and follow the rules for family members. If you continue to use the guest pass and the Board feel you are violating the rules, they may begin to fine you and/or tow his car as they have threatened to do. Many associations have these parking restrictions in place so that unit owners don’t skirt rules about long-term visitors and family members taking vacation within units. My guess is that the association is in the right here but you may wish to seek a legal opinion from a local attorney and see what additional rights you have. It is an unfortunate situation to say the least and I am sure neither you nor your son are seeking to be uncooperative. It would be nice to take a deeper look at your documents to see what you are doing “wrong” in the eyes of the association. If all it takes to satisfy them is filling out a form that says he is a family members and not just another visitor, I would likely advise you to do so. All the best!

Condo Board Commandeers Unit Owner’s Deeded Parking

E.M. from outside of Connecticut writes:

Dear Mister Condo,

Our water system needs to be fixed. The Board of the Directors makes a construction project in the garage area. The Management just simply posted that all the vehicles needed to be removed before the starting date of the construction without any meeting. After that certain date, all the materials on the deeded garage would be disposal. Do the Board of the Directors have the right to “order” the garage owners to move away from their deeded parking? Can the garage owners ask for the reimbursement of the maintenance fee during the unused period on the parking space?

Mister Condo replies:

E.M., that is a most unfortunate occurrence of events. It sounds like the Board did not do an adequate job of communicating the needs of the association before the project got underway. Deeded parking is owned by the unit owner, not the association. The association has no more right to simply commandeer your deeded parking than they do to take over neighboring land that they do not own. Compensating you for the use of your parking space may be one remedy available to you. However, suing the Board after the fact may hardly be worth your time or effort. I would make a point of finding out what the Board can and cannot do moving forward so this doesn’t happen again. If all of this work was done to update or maintain the community’s water system, I would think most residents would have willingly given up their parking for the duration of the project as the need for clean water trumps the need for a parking space. However, just as you must observe association rules, the Board must observe unit owner’s rights. I hope you can enter into a meaningful conversation with the Board to make sure they do not traipse all over the rights of unit owners like you when the next project comes up where they may need to store equipment or supplies in privately owned parking spaces. If they continue, a lawsuit may be in order. All the best!