Parking spaces are designated per unit by the original developer of the building(s). Sometimes, there are excess spaces, and the association Board takes on the responsibility of allocating those spaces. If your association is encountering issues regarding parking space assignment, then it’s important to take a look at your parking rules and ask some of the questions below in order to implement positive change.
Can a unit owner sell their parking space?
Since an assigned parking space in an association is a limited common element, it cannot be sold by a unit owner. This is because each association member has an undivided ownership interest in the common elements, so parking spaces are not owned by a single individual. Even if an owner paid the developer for a certain space, they purchased the right to use the space, not the ownership of it. Note that renting a parking space or transferring a parking space during foreclosure is also prohibited under the law.
Can associations sell unassigned spaces?
Back to the idea of common elements, this also means that the association does not have ownership interest of parking spaces. This means that the association cannot sell unassigned spaces, so they only have the right to charge a fee for the right to use the space.
Is the exchange of parking spaces allowed?
In this case, it’s first important to take some factors into consideration:
- Are there laws regarding the exchange of parking spaces?
- Does the association have a procedure outlined for exchanges in the governing documents?
- Does the association have a duty to keep a record of who has each space?
- Does the board have to approve the exchange?
- Do the documents or the law allow/prohibit an exchange that includes a financial transaction?
- Does the association have the right to charge a fee for processing the exchange?
The exchange of a parking space is dependent on the regulations in the association documents and various laws, but ultimately this can result in a liability for the Board and association, so exchanges aren’t usually recommended.
Can the board force an owner to park in the unit’s assigned space?
Boards should have a policy in place that requires owners to park in their assigned spaces, and the association should enforce these rules. In the case of violation, it is very important to enforce the rules in order to maintain fairness within the association.
Can the Board force owners to change their assigned spaces?
In some cases, governing documents allow for changing of spaces, but if the spaces are legally attached to a unit, then the Board does not have the authority to reassign spaces without the owner’s consent.
What types of vehicles can park in the community?
The declaration should contain a list of the types of vehicles that can park in the community. However, issues can arise if the language used in these documents is ambiguous. For example, the document can state that trucks cannot park in the community, but an SUV may be considered a truck. For this reason, it is important to include detailed descriptions of prohibited vehicles in the association rules to prevent miscommunication.
How many cars per unit may park in the community?
If your governing documents were established 50 years ago, then they probably assumed that each unit had one car. However, that isn’t the case today. Additionally, if land was at a premium during development, then it’s likely that the association doesn’t have enough spaces. There are a couple strategies that can be implemented in order to solve parking problems, and the solutions are unique to each association. This is why it’s important to have a knowledgeable community association manager to assist the association with issues like this.
Can the association regulate guest or visitor parking?
Typically, the governing documents of a community give the Board the authority to regulate guest/visitor parking. The Board is able to prohibit parking in certain areas, so it’s important to take a look at these documents to ensure that you’re in compliance with them.
Can the association charge a fee for guest or visitor parking?
This right would have to be outlined in the governing documents and in accordance with states law. Keep in mind that some associations charge a fee for overnight guest or visitor parking.
Contact us for more information about how your association can implement parking solutions.