parking-policy_Thumbnail.jpgAs a Nevada community association, how do you address HOA parking rule violations? 


Whether you live in a master-planned community or a single-family home association, one of the most common challenges is managing and enforcing parking policy. For instance, here are several examples of parking challenges your association may face:

  • Insufficient parking spaces
  • Parking in a resident’s assigned spot
  • Restrictions with guest parking
  • Overnight parking in a prohibited location
  • Limited or restricted street parking
  • RV and boat parking
  • Handicapped parking
  • Illegal parking in fire lanes
  • Parking in landscaping
  • Inoperable vehicles
  • Vehicles leaking fluid in common area
  • Unregistered or expired license plates


To help minimize violations and misunderstandings about your community’s parking policy, here are 5 important considerations for your HOA board:
 

1. Contact the proper jurisdiction for parking issues on public roads.

Remember that your HOA cannot impose fines or tow away vehicles that are illegally parked on public roads, even if those roads run through your community. Instead, contact the city or county that has jurisdiction over the road and report the problem. If the parking violation poses a threat to the health, safety or welfare of a resident, you can ask the city or county to have the vehicle towed immediately.
 

2. Be familiar with Nevada law concerning HOAs and parking regulations.

Nevada law NRS 116.3102 authorizes HOAs to have a vehicle removed if it is improperly parked on community property (including private roads) in violation of the HOA’s governing documents. Normally, you must notify the violator at least 48 hours in advance. This can be done either by conspicuously posting a notice on the vehicle or by contacting the owner verbally or in writing.

Situations that do not require 48-hour notice include if the vehicle is:

  • Blocking a fire hydrant or fire lane
  • Blocking a parking space designated for the handicapped
  • Posing a threat to the health, safety or welfare of a resident
  

3. Make sure your parking policy is reasonable and defined in your CC&Rs.

If the parking rules and regulations in your Declaration of Covenants, Conditions & Restrictions (CC&Rs) are too vague, homeowners may be confused about what constitutes a violation. By the same token, unreasonable restrictions can be frustrating. Save yourself and your residents a lot of headaches by reviewing your parking policy and making sure it is clear and reasonable. 

Your parking policy should include:

  • A list of what is and isn’t allowed, including parking that is prohibited by law and rules specific to your association (e.g., guest parking regulations)
  •  A description of towing conditions, including the HOA’s authorization to tow, notification procedures (see #2) and the owner’s responsibility for all towing-related expenses
  • An explanation of your HOA’s right to enforce parking regulations and levy fines
  •  Authorization for your HOA board to grant limited exceptions and waivers at its discretion


If any of these elements are missing from your policy, you may need to update your rules and regulations. Additionally, you may need to update your policy if it is no longer compliant with current Nevada law, if changes to your community require additional rules or if new parking issues have emerged.

 

4. Communicate regularly with homeowners about parking rules.

When homeowners are unsure about association parking rules, they may be looking to your board for guidance first. Rather than counting on homeowners to check the CC&Rs (and to inform their tenants and guests of the parking policy), share this information periodically with everyone in the community. Include a friendly article in your community newsletter. Send out emails. Post the policy on a community bulletin board. You may also want to include a discussion of the rules at a homeowners’ meeting.

 

5. Partner with an experienced community management company.

When developing or modifying your parking policy, it’s important to partner with a knowledgeable community management company that has a local presence and familiarity with Nevada laws. The community manager for your property will also take responsibility for enforcing your parking regulations and for keeping your residents aware of the rules.

Having a good parking policy in place and making sure that your residents are familiar with it can reduce parking problems and keep your community safer for everyone. For more information on managing your parking policy, contact FirstService Residential, Nevada’s leading community management company.

Tuesday October 04, 2016