The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association […]
Colorado Senate to consider bill to further regulate towing industry
Small business owners, apartment owners, and homeowners’ association representatives are raising concerns that the bill’s intent to require property owners to pay for most tows will result in “towing anarchy” and could drive up the costs of affordable and low-income housing. The issue caught fire last summer when Gonzales found her car had been towed, […]
Sweetwater condo residents upset after their cars were towed; management says vehicles didn’t have valid parking permits (FL)
Residents at a condo in Sweetwater woke up to find their cars gone, and they were shocked when they found out who had towed them. 7’s Heather Walker investigates. No one wants to start their day this way. Arely Correa, car towed: “We got up early in the morning to go to work, and we […]
New agreement puts parking problems at Ski Time Square Condos in rearview mirror (CO)
After 17 months without on-site parking, the homeowners association for Ski Time Square Condominiums has reached an agreement with the DBT Development Group that will provide both a short-term and long-term resolution. Read the article…………………………….
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 […]
Introduction to HB 24-1051 (Tow Carrier Regulation Bill) and Its Potential Impact on HOAs (CO)
The Tow Carrier Regulation Bill (HB 24-1051) was recently introduced during the 2024 legislative session. In part, it can potentially adversely impact private and commercial entities, including community associations, that oversee and enforce parking regulations on their property. Read the article…………………………….
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………………………………..
Court of Appeals Decides that HOA Is Not Required to Enforce Parking Restrictions (WA)
The Washington Court of Appeals has issued an unpublished opinion concerning a property owner’s claim that his homeowners association is legally obligated to enforce parking restrictions. Read the article……………………………
Can we ban the commercial vehicles that are ‘junking up’ the neighborhood? (FL)
Question: Can I get a clear definition of what a commercial vehicle is so that we can keep them from “junking up” our neighborhood? Read the Q&A…………………………..
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 […]
Vancouver owners sue strata because assigned parking stall is ‘too narrow’ (BC)
A dispute over the size of a parking stall in the underground garage of a condo building ended up in court. Colin Hawes and Shuyu Kong, who co-own a strata lot in a building in Vancouver, took the strata to the B.C. Civil Resolution Tribunal. The reason? The parking spot they were assigned when they […]
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 […]
Are HOAs allowed to ban street parking in NC neighborhoods? Here’s what legal experts say
There are thousands of homeowners’ associations across North Carolina who implement and regulate certain rules within communities. One common rule has recently caused controversy among some Charlotte residents: street parking. Read the article………………………..
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………………………..
Neptune residents ‘crying out’ for help with annual parking problems (NJ)
Despite significant support from residents, the Neptune Township Committee has yet to formally implement a new residential parking program in Ocean Grove. 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 […]
Judge upholds preliminary injunction against parking charges in Columbus neighborhood (OH)
After hours of lengthy testimony about real estate law, a judicial decision about whether a Cleveland man has the right to charge residents of a Columbus Far North Side neighborhood for off-street parking spaces outside their townhomes that has been free for decades remains on hold. Read the article………………………..
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………………………..
Cleveland man: Plan to force Columbus residents to pay for street parking an ‘investment’ (OH)
A Cleveland businessman for the first time faced down Far North Side residents from whom he wants to collect $120 per month per vehicle when he appeared in a Columbus courtroom on Tuesday. 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 […]
Are Pickup Trucks “Commercial Vehicles” and Can HOAs Ban Them? Florida Pickup Man Says “No.”
In North Carolina, many Associations have covenants that prohibit “commercial vehicles” or “trucks.” In North Carolina, the top two best-selling vehicles and three of the top five vehicles in the state are pickup trucks. With the volume of pickups on North Carolina roads, and the number of truck-related covenants in place, the intersection is a […]
SUV Driver Sues Upper East Side Condo For Blocking Her Parking Spot (NY)
A luxury Yorkville condo building broke promises when it gave a woman a parking spot too small for her bulky SUV, she alleges in a new suit. Read the article………………………..
Weston Hills Country Club wants homeowner’s $100,000 pickup truck out of sight (FL)
A Weston Hills Country Club homeowner has been put on notice and told to park his new $100,000 pickup truck in a garage, out of sight, or face fines. That homeowner is gearing up for a fight, claiming the rules are outdated and ridiculous. Read the article………………………..
SUV Driver Sues Upper East Side Condo For Blocking Her Parking Spot (NY)
A luxury Yorkville condo building broke a promise to one of its residents by giving her a parking spot too small for her bulky SUV, the resident alleges in a new lawsuit. Read the article………………………..
Surprise fees for street parking in Columbus subdivision halted by Franklin County judge (OH)
The mailing looked official, but when residents of a neighborhood subdivision in Columbus’ Far North Side read the details, they were confused. Was this a scam? A misunderstanding? Cleveland-based Novsky LLC was asking the 80 homeowners in the Smokey Ridge Estates near Powell to sign a lease agreement for parking spaces on the streets in […]
‘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………………………..
Idaho Supreme Court orders HOA to reinstate parking on small lot. City of Eagle opts for spaces in long-planned city park instead
A lawsuit that went all the way to the Idaho Supreme Court over a small parking lot spanning two mayoral administrations in the City of Eagle is now resolved, but the city will now use a long-planned park project to satisfy the court’s order instead of forcing the losing homeowner’s association to rebuild the original […]
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………………………..
Neighborhood nuisance: Big rig trucks a big headache for west Harris County subdivision (TX)
In the peaceful, family neighborhood of Highland Creek Estates, near FM529, big anger and frustration is growing amongst homeowners over big rig trucks parking all over this subdivision at all hours of the day and night. 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 […]
New Market council will enlist HOA to help with parking dispute (MD)
The town of New Market is turning to a local homeowners association to help settle a neighborhood disagreement over parking spaces. Read the article………………………..
Can Board of Directors assign parking spaces in common areas? (VA)
Occasionally we have inquiries regarding the authority of an Association exercised by the Board of Directors to assign parking spaces located in the common areas for the exclusive use of particular unit or lot owners. Read the article………………………..
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………………………..