| November 10, 1999 |
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In an effort to resolve the problems, the Board often enacts a reserved parking system. If your board has invoked such a plan, is it in compliance with the governing documents? In condominiums, each owner owns an undivided interest in the common area parking spaces. In a homeowners association, every owner has an easement to use the common area parking. So, all residents have the right to use any parking space, provided the space is vacant. By assigning parking spaces to a particular owner, the Board may be illegally precluding residents from freely using available parking. Read the governing documents carefully. The Board must have specific power to enact reserved parking in the common area. Assuming that your association's governing documents do provide the Board with the authority to assign parking spaces, before embarking upon a reserved parking scheme for your community, there are a number of issues still to consider:
Car Wars. This is not a battle easily won. Americans believe parking is among the Bill of Rights. Before getting too radical with a parking policy, consider the practicality of monitoring it and the conflicts that could arise from enforcement. It may be more painful than leaving things as they are. For more information on this subject, see www.Regenesis.net. |
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