D.C. from Ohio writes:
Dear Mister Condo,
We have a stored vehicles clause in our condo docs which a car that has not been driven for 14 consecutive days. I know a couple cars that have not moved in months. How to go about enforcing this rule? Can we mark tires with chalk to prove to owner car has not moved?
Mister Condo replies:
D.C., it can be very frustrating for condo and HOA Boards to enforce their parking rules, especially when the vast majority of residents obey the rules. However, it is not impossible. You certainly could use a marking system, like chalk on the tires, but who is going to actually patrol the lots and mark tires and keep notes, etc.. You would have to administer a program like that uniformly or risk being cited for discrimination. You could look to an outside third-party parking lot monitoring solution or you could simply cite the cars that are strongly abusing the rules, which is what I would suggest. Any cars that have been unmoved for months are the real problem here so cite those owners, ask them to appear before the Board and then levy whatever punitive actions your governing documents allow. My guess is that a few letters and/or fines can fix your problem. All the best!
We too have a massive parking problem. Vehicles consistently park in our lots without parking permits, therefore, we have a tow company come in randomly 24/7 to remove illegally parked vehicles. Of course, warning signs are posted on all buildings. One thing you may consider is purchasing parking violation stickers and applying them to driver’s windows (quite difficult to remove). You may consider sending a notice to all unit owners, citing the clause about storing vehicles; that if anyone is in violation of said clause, they risk having their vehicle towed, without notice, at their expense. Another course of action is if the owners of the vehicles are known, send a notice reminding them they are in violation of the condo docs and give them a certain amount of time to move the vehicle, also stating in said notice that if they do not comply and/or if it occurs again, they will be called to a hearing and subsequently fined and/or towed (at their expense) for said violation. Before you take any suggested action, be sure to consult with your condominium attorney to be sure you are following the right path – legally.