To Tow or Not to Tow – Towing Regulations Governing Community Associations (CO)

Is finding a parking space in your community challenging? Condominium and townhome-style communities often have open parking lots which may include individually assigned parking spaces and/or parking spaces which are available on a first-come, first-served basis.  Such communities commonly adopt parking rules that aim to increase safety, improve the flow of traffic, and maximize parking […]

A Parking Primer (FL)

So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile. Many homes didn’t even own one automobile. As a result, the laws were a lot different than they are today and allowed a building to be built with far less […]

Condos lose special street claim (NY)

Two condominiums adjacent to Franklin Place, a mid-block alley in lower Manhattan, asked that Franklin Place be designated as a fire apparatus access road in order to prohibit parking next to condominiums.  Read the article………………………………….

New Deadline for Parking Structure Inspections (NY)

The roll-out of the city’s garage inspection program has just been accelerated. The city has posted a new deadline that requires all buildings with garages to complete an initial safety inspection of the structure by b.  Read the article………………………………..

Money & the Law: Fight over parking spot ensnares courts (CO)

It has long been my belief that civil litigation has replaced horse racing as the sport of kings, and may be more expensive. A case decided in October by the Colorado Court of Appeals added further evidence in support of my belief.  The lawsuit at issue here involved a parking space in an open-air parking […]

New Arizona law gets rid of certain parking rules in HOA communities

A new bill recently passed by the state Legislature requires ungated communities with a homeowners association to decide whether to keep their existing parking restrictions. The new bill only applies to parking rules that were established before January 2015.    Read the article…………………………………

Cars with expired car registrations becoming a problem (NV)

Q: Did the last Legislature address expired car registrations? There are at least five cars in our homeowners association community with expired registrations. They seem to have no interest in getting current because they say they cannot be towed because of expired registration. One of them has registration that expired over three years ago.   Read […]

Ticketing and Towing Vehicles in Condominium Corporations (ON)

There are many reasons why the Board of Directors of a condominium corporation would want a vehicle towed, including violation of parking rules, expired plates, or an inoperable or derelict vehicle.  The Condominium Authority Tribunal has recently provided some guidance on whether a condominium can legally tow a vehicle.    Read the article………………………..

Unattended Vehicles in HOAs/Condos: A Growing Challenge (AZ)

In this blog post, we will delve into the intricacies of dealing with unattended vehicles in condominium parking garages, exploring the legal implications, practical challenges, and potential solutions. Whether you’re a condominium board member, community manager, or a concerned homeowner, this information will help you navigate this growing challenge effectively. Please note that the tips […]

North Side HOA threatened to tow vehicles for parking on public streets (TX)

The streets in and out of the Westfield neighborhood may be open and un-gated, but its homeowners’ association recently claimed those streets were not open for parking.  In a July newsletter distributed to members of the Owners Association of Westfield, the HOA announced it would begin “strictly” enforcing vehicle and parking violations, including by towing […]

Condo building has no rules for vehicle size in parking area

Q: My condo building was built around 30 years ago. The access to the parking area is in a Z shape and our parking spaces are perpendicular to the sidewalk.  As I understand it, a parking place footprint is from the edge of the curb to the end of the perpendicular white lines and horizontally […]

HOA parking dispute may force Minnesota family from home

For one Forest Lake family, a dispute over a parking spot with their homeowners’ association (HOA) has thrown their future into uncertainty.  The disagreement, which only arose last month, comes despite the family having lived there for over a decade. They maintain that they had verbal permission to use the spot, but this agreement was […]

Co-op and Condo Boards Are Getting the Jump on Garage Inspections (NY)

When a poorly maintained, century-old parking garage collapsed in Lower Manhattan on April 18, killing one person and injuring five others, alarms sounded in co-op and condo board rooms across the city.  “That was definitely a wake-up call,” says Eric Cowley, principal at Cowley Engineering and one of 52 city-approved inspectors of parking structures. “We […]

Does Your Co-op or Condo Have an Alternative Parking Plan? (NY)

A fatal parking garage collapse in Lower Manhattan. A looming deadline on the first round of mandated inspections of parking garages. The prospect of major garage repairs — and the need to relocate cars while those repairs are completed.   Read the article………………………..

Flying Heart sues county in protracted parking battle (ID)

The Flying Heart Ranch Owners’ Association sued Blaine County on May 19 over the Blaine County Sheriff’s Office’s apparent refusal to tow vehicles from two proposed parking lots along Aspen Lakes Drive north of Hailey, reigniting a four-year-long legal battle with the county.  Read the article………………………..

HB2298: Community Association Roadway Regulations (AZ)

On April 18, 2023, Governor Hobbs signed HB2298 which amends A.R.S. §33-1818 regarding roadway regulations in a community association. HB2298 requires that a community association with public streets where the CC&Rs regulate on-street parking hold a vote of the members by June 30, 2025 on whether to continue to regulate on-street parking.    Read the article………………………..

Coop and Condo Boards should Evaluate Parking Garages in their Buildings (NY)

The structural stability of parking garages is being analyzed more closely by NYC DOB in response to the most recent collapse in lower Manhattan during April 2023, killing one person and injuring five others. Dozens of garages with potential hazards were identified and some were ordered closed totally or partially until their structural defects could […]

Parking space dispute correctly resolved (VA)

Where appellant condominium association reallocated parking spaces, the trial court correctly concluded that appellant breached its contract with appellee and violated Virginia’s Condominium Act and a county zoning law.   Read the article………………………..

Residents complain about towing company HOA, apartment complex hired (NC)

Natascha Krause lives in the Buckleigh neighborhood in northeast Charlotte. It has all private roads. The homeowner association hired Justt Towing to enforce the parking rules.  “We don’t have a problem with the towing, but we have a problem with the company itself,” Krause said.   Read the article………………………..

Garage Collapse Is a Wake-Up Call for Co-op and Condo Boards (NY)

The collapse of a parking garage in Downtown Manhattan on Tuesday that killed one worker and injured five other people has served as a reminder to many garage owners — including co-op and condo boards — that time is running out on the first round of mandated garage inspections.    Read the article………………………..

Can condo corporations tow cars who are in breach of parking rules? (ON)

The Condo Tribunal was recently asked to rule on whether it was reasonable for the condo corporation to tow a car that was in breach of the parking rules. It seems that the answer is “yes, but not always”. Once more, reasonableness is the key consideration.   Read the article………………………..

How Not to Handle a Parking Dispute (MA)

Parking questions come up often and the answers to those questions are not always obvious. Resolution of parking issues typically comes down to what was contemplated by the governing documents and how that relates to the actual situation on the ground. The recent Land Court case of Stahl v. Baker delves into this issue.    Read […]

North Stafford towing incident rooted in decades-old covenants (VA)

Just over two months ago, eight cars belonging to residents of a North Stafford town house community were towed away. A county official believes the vehicles were removed in part because of convenants that were bound to the properties when the neighborhood was first developed in the 1970s.   Read the article………………………..

Are Motorhomes Considered Trailers in HOAs? (MI)

Full disclosure, my parents owned a motorhome and would load my sister and me in the motorhome every summer for week- and month-long trips. I have some great memories from these tips, but I also remember the motorhome sitting on our driveway on the rare occasions we were home. I’m sure that some of the […]

How To Properly Establish and Enforce Parking Rules in an Arizona HOA

As an HOA you need to ensure that you have provided means by which the cars in your communities are adequately regulated in order to achieve cohesion between homeowners. While many HOAs already have these parking rules in effect, some may not realize that their rules do not comply state and federal law or may […]

‘Shady business’: Man blames HOA for towed truck (TN)

A La Vergne resident came home from a three-day trip to discover his truck missing, only to find out later it had been towed for a flat tire.  Greenway Trail Cottages Eli Steele got back from a weekend trip to Miami on Tuesday to make the shocking discovery.   Read the article………………………..

Parking controversy in Belgrade neighborhood (MT)

When Annette Stenger purchased her home at Prescott Ranch, she signed an HOA agreement to abide by certain parking rules. She says the council isn’t living up to its original agreement. Read the article………………………..

Parking structure deemed unfit at condo complex at Ski Time Square (CO)

A condominium complex at Ski Time Square no longer has any parking. It’s the Ski Time Square Condos, built in 1972. The parking structure residents have been using was causing concern so the HOA there had two safety assessments and structural studies done, both of which failed. Those studies were forwarded to DBT Thunderhead LLC […]

Parking and Requests for Accommodation (CA)

Parking accommodation requests bring about a particular set of issues and questions. What requests are reasonable? If the board deems a request reasonable, who pays for the modification? What if parking spots are so limited in the community that accommodating the request seems impossible? What to do?   Read the article………………………..

Emergency Response Vehicles (AZ)

Most Planned Community Governing Documents include restrictions regarding the types of permitted vehicles and where those vehicles may be parked/maintained. However, the Arizona Legislature carved out specific exceptions for certain emergency response vehicles.  Read the article………………………..