Language in HOA bylaws could determine whether new Florida parking law applies

If you are one of more than 40 percent of Floridians who lives in a community governed by a homeowner’s association, you may have heard a legal term recently regarding bylaws, covenants and declarations.   It’s called “Kaufman language” based on the 1977 case of Kaufman vs. Shere, which affects governing documents for HOAs.   Read the […]

Parking Is Not Storage (ON)

In Middlesex Condominium Corporation No. 169 v. Doherty et al., the CAT held that the condominium corporation’s declaration did not allow the parking units to be used for storage. The Tribunal said that a “plain reading” of the relevant provision of the declaration was that the parking units could only be used for parking motor […]

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)

The Illinois General Assembly has passed legislation adding Section 18.12 to the Illinois Condominium Property Act, requiring all condominiums with parking to implement policies for accessible parking access for disabled owners.  The legislation mandates condominium boards to adopt a written policy within 90 days of its enactment, which will take effect 90 days after Governor […]

HOA board wants to eliminate parking policy (NV)

Q: Our homeowners association has private streets and has a formal parking policy that simply clarifies that which is in the covenants, conditions and restrictions. This policy includes parking stickers for homeowners and tags for visitors.  The management company just sent out the agenda for our upcoming board meeting, which has an agenda item to […]

New Florida law prohibiting HOAs from passing parking restrictions could affect millions

According to the non-profit Foundation for Community Association Research, more than nine million people—about 44 percent of Floridians—live in communities governed by homeowner’s associations, which can regulate what kinds of vehicles can park in their communities and where.  A new state law going into effect July 1 says an HOA can no longer pass regulations […]

Impending Changes to Condo Act Require Action Regarding Parking for Disabled Owners (IL)

The Illinois General Assembly has passed legislation that will add a new Section 18.12 to the Illinois Condominium Property Act that will require all condominiums with parking to adopt policies regarding accessible parking access for disabled owners. The legislation will take effect ninety (90) days after Governor Pritzker signs it, which is expected soon.    Read […]

Illinois Legislature Approves New Accessible Parking Requirements: What Do Illinois Community Associations Need to Know?

On May 24, 2024, the Illinois legislature approved legislation to amend the Illinois Condominium Property Act (“ICPA”) to impose certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” If the proposed legislation is signed by Governor Pritzker or not vetoed by Governor Pritzker […]

Dispute involving condo’s new parking scheme lands in court, makes local news (FL)

With so many South Florida condominium communities experiencing financial challenges, some associations and their boards of directors may wish to develop new sources of revenue to help mitigate raising owners’ monthly dues or implementing special assessments.  However, as the recent litigation involving the Buckley Towers Condominium illustrates, devising a questionable new parking payment scheme and […]

Clearwater’s public parking in condo bleeds money with limited customers (FL)

Twenty years ago, Clearwater officials agreed to buy 100 parking spaces in a Cleveland Street condo, anticipating a downtown revival that would bring throngs of visitors.  But a blossoming of downtown restaurants and retail never happened. The parking investment has turned into a money pit for taxpayers as few patrons use the city-owned spaces.   Read […]

City Council Tightens Parking Garage Inspections with Trio of New Bills (NY)

One good turn deserves another. After tightening parking garage inspection rules in the wake of last year’s deadly collapse of a garage in Downtown Manhattan, the New York City Council has passed three bills that further tighten the screws on garage owners, including co-op and condo boards.   Read the article…………………………….

Can an HOA mandate where people park? (CT)

A homeowners’ association can have a serious impact on how people use their own property. The HOA can legally make rules about stylistic or design choices when adding onto a home, for example. They can enforce noise restrictions or have rules about when people can put up decorations.   Read the article…………………………….

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, […]

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 […]