Parking Policy

This sample resolution should be modified to conform with applicable state and federal statutes and governing documents.  Before implementation, it should be reviewed by an attorney specializing in homeowner association law.

Nottacare Condominium
Policy Resolution #____
Parking

WHEREAS, Section ___ of the Association Bylaws grants the general power to conduct the business and affairs of the Association to the Board of Directors, whose members shall be members of the Association; and

NOW, THEREFORE, BE IT RESOLVED THAT in order to assure equitable parking and an attractive community, the Board of Directors establishes a policy as follows:

Permissible Vehicles. Vehicles that may be parked within the community include conventional passenger vehicles in good repair and which are currently licensed and in regular use. Each resident is permitted to park no more vehicles than can be accommodated by garage, driveway or assigned parking.

Restricted Vehicles & Equipment. The following vehicles may not be parked either on community streets, guest or owner parking spaces:

  1. Commercial vehicles including, but are not limited to, delivery trucks or vans, special use trailers, or vehicles adapted to a business use, like a pickup truck that has been fitted with special racks to hold material and tools.
  2. Buses
  3. Recreational vehicles [RVs]
  4. Utility trailers
  5. Motorcycles
  6. Campers
  7. Boats
  8. Snowmobiles, jet skis and like recreational equipment.
  9. Stored, broken down or wrecked vehicles

Restricted vehicles and equipment may be parked in a resident's garage provided there remains adequate room to park resident's passenger vehicles in the garage. Loading or unloading of prohibited vehicles and equipment is permitted subject to a 24 hour time limit.

Moving Vans and Service Vehicles. These vehicles shall not remain parked in the community longer than a 12 hour period.

Garage Use. Garages are to be used for vehicle parking. No personal property storage or conversion to living space is allowed if vehicles are displaced to the driveway or street.

Guest Parking.  If guest parking is limited or unavailable, residents must provide room in their own assigned parking area so that guests are not required to park in other residents' spots.  Guest parking should only be temporary and infrequent so that available parking is not overburdened.  It is extremely important that residents neither offer or expect special parking privileges for guests.  Guests are subject to the same penalties, including towing, if parking guidelines are violated.

Enforcement Procedures
Written Notice of Violation.
The Board or Managing Agent shall notify the vehicle owner in writing of the specific violation and include a copy of this resolution.  A copy of the notice shall be attached to the windshield of the offending vehicle the same day. If the offending vehicle is owned by a renter or guest, the property owner shall be notified. The notice will allow ___ days to cure the violation.

Towing. If the offending vehicle remains after the deadline indicated in the written notice or is a repeat offender within a period of one year, the vehicle is subject to tow without further notice at the expense of the vehicle owner. Towing charges shall not be considered a fine. Vehicles parked in a designated Fire Lane or Tow-Away Zone will be towed without warning

Fines. The Board of Directors shall levy a fine of $_____ per occurrence against any property owner who violates this resolution or whose renter or guest violates it.

Right of Appeal. The vehicle owner, if a property owner, has the right of appeal. Such appeal must be received in writing by the Board or Managing Agent to the regular business mailing address before the notice deadline. If the vehicle belongs to a family member, renter or guest, the appeal must be made by the property owner or the owner’s management agent. Once an appeal is received, the Board will hold an appeal meeting within 7 days to review the matter with the vehicle owner (or property owner or management agent if vehicle is owned by a renter or guest).   If the appeal meeting does not take place within 7 days, the matter is considered dropped. The Board’s decision on the appeal is final. If the appeal is rejected, towing and fining provisions become effective immediately.

Collection Provision. All fines, costs and expenses necessary to enforce the Parking Policy will be levied against the property owner and shall be an assessment against the owner's property and subject to all lien and collection powers of the Association.

Recorded in the Book of Minutes on __________________, 201___

Signed: ____________, 201___

___________________________
President - Board of Directors

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