Proposed Parking Rules
The Board of Directors has been receiving many complaints from resident homeowners regarding the parking situation in the community. The majority of these grievances are regarding residences not being in compliance of the association rule that at least 1 vehicle be parked in the garage or carport before any vehicle be parked in the community parking spaces.
Due to these regular grievances the Board has been regularly discussing possible solutions and has mailed to each owner the proposed ideas, which are as follows:
1-Parking Permits. Issue each home one permit. Parking will still be on a first come basis and the 72 hour rule will still apply. Households with three or more vehicles would still only receive one permit. Only permitted parking will be allowed in 72 the hour parking spaces.
2-Rent a Space. Convert all non-handicap parking spaces into assigned parking spaces. Homeowners/renters will be able to secure a space on a monthly basis for a yet to be determined fee. All interested homeowners will be required to prove on an ongoing basis that at least one 4+ wheel street legal vehicle (recreational desert vehicles and golf carts et al will not qualify) is parked in garage or carport to keep rented parking space. Initial assignment of spaces will be done through a lottery system if more applicants than available spaces occurs. A unit will be allowed more than one space if at time of assignment there are additional spaces available after lottery assignment concludes with all owners getting equal chance at one space. It will be the responsibility of the assigned space’s renter to request a tow of any unauthorized vehicle from their space. All fees collected from the rented spaces will be directed to the repairs and replacement of the community streets and parking spaces freeing up more general purpose funds for the continued upkeep and beautification of our community and delaying any additional dues increase in the near future.
3-No change to the current parking rules.
THERE ARE ONLY 156 PARKING SPACES AND 5 HANDICAP SPACES in the community and 208 units.
There has been no official vote on amending the parking rules. The discussion continues at each board meeting and community involvement continues.
Common Questions or Comments So Far
As expected and greatly welcomed, the Board has been receiving multiple responses from homeowners regarding these proposals and providing their insight and desired choice. There have been some common questions and/or expressed concerns about each option. In the spirit of making this as much of a community conversation on this topic as possible, below are the current comments/questions and either a response or rebuttal. Please note, the responses in BLUE are to serve as answers to questions over how each option would work. The text in RED are “devil’s advocate” rebuttals or rebuttals sent by homeowners and do not reflect the current stances of the board or any one member. They are created from expressions of other homeowners to similar remarks.
PARKING PERMIT OPTION:
- “I presume that the permits will be laminated vs. a sticker, so they could be used by more than one car. Is that correct?
– It is the plan for the permit to be available for the homeowner/resident to use on any vehicle at any time, whether it be for their own vehicle or that of a visitor. To allow for this, the permit would be a durable plastic mirror hang.
- In terms of enforcement, if the board goes with option A, does the board plan to utilize a tow service for violations such as cars parking in the fire lines, unauthorized use of handicapped spots or without a valid permit displayed? I’m not sure what action I should take when I see parking violations. which happen on my street frequently, and it occurs more on weekends and evenings.”
– The Board is already contracted with Western Towing to remove illegally parked vehicles throughout the community. They are authorized to remove vehicles parked in red zones, handicap spaces without required placards, and are the company contacted if a vehicle exceeds the 72 hour parking limit per space or is violating any other parking regulation. If permits are issued, they will be used to remove any non-permitted vehicles.
- Cost of enforcement v Revenue Gained
-The cost to the community if the Board elects to proceed with this option would include the cost of manufacturing and distributing 1 mirror-hanging permit for each unit. The cost to replace a lost permit would fall on the homeowner just as the cost to replace a pool key. The association would not collect anything from parking fines as the vehicle will be towed away at vehicle owner’s expense. This is not a revenue generator for the community.
- “I believe that the Board has to make sure there are enough spaces to park one car on the property from each unit in order to have a permit system. Any other situation, I believe would be discriminatory.”
– Limiting all parking spaces to permitted parking will not affect the current “first come first serve” system. Currently, there are homeowners or residents parking 2-4 vehicles in the community parking spaces, which is leading to disgruntled homeowners who are having a difficult time find a single parking space inside the community.
- “…my husband and I always park 1 car in our garage, we switch out which car is parked in the garage depending on our schedules and who has the kids as we wouldn’t be able to walk that far with an infant carrier, etc. As a homeowner, deciding which car to park in our garage on any given day should be our right.”
– Issuing permits will not require a homeowner to select one vehicle for street and one vehicle for garage parking as the permit issued will not require affixing to the vehicle. It will be an easily transferable mirror-hang. You will be able to use it on any vehicle, personal or visitor as you wish.
- “A project this size really needs to keep some guest parking. I am good with the parking permits.”
– Issuing parking permits will require that any guests be provided the residence’s permit in order to park within the community.
- “If a home owner only has one car will they be excluded from the permits. If they have two cars and they park both in the garage will they be given a permit.”
– All units will be given an equal opportunity to get a parking permit regardless of how many vehicles they have. It will remain the requirement that at least one vehicle be parked in the garage or carport of each home regardless of permit and number of vehicles owned. The permit is there to allow every unit the equal chance to have one additional vehicle parked in the common area in addition to the two spaces guaranteed on each property. No unit will be denied use of a permit because the number of vehicles they own or the number of additional vehicles they can fit onto their property.
- “…who wants to be the cop that walks around each night and makes sure everyone is legal.”
– Enforcement of the parking permits will be the responsibility of the board, as is the enforcement of current parking rules. Board members patrol parking regularly and leave notices on vehicles for overstaying the 72 hour limit, for not having current registration tags, being in dis-repair or non-function, leaking oil or other contaminants, etc. and they call for a tow away if needed. The parking permit system would make this process more streamlined as it will no longer require a board member to note a vehicle has not moved in over 72 hours before issuing a warning before then calling for a tow.
- “Spaces by permit would still not ensure parking availability close to a homeowner unit. Is that correct?”
– Permits will not guarantee a space or location. There are not enough spaces in the complex for each unit to be guaranteed one. It will still be a first-come-first-serve parking community.
-If the new permit rule as the desired effect, being limited to only one vehicle in a community parking space should force non-compliant residents to make better use of their two parking spaces on their property, which should make more parking spaces available throughout the community.
- “…unless every homeowner would be allocated one parking spot at no charge, and a lottery and fee be used only for those seeking additional parking spots.”
– There are not enough parking spaces in the community for every homeowner to get a reserved space. The lottery system would be necessary to make sure every unit had equal opportunity to get a reserved space. If a second or additional space is requested, and additional spaces are available after the first round of lottery, each additional space could then be provided in additional lottery rounds.
- “Option B gives preference to those with more income for spaces. We already pay an HOA and do not want to pay an additional fee to “rent a space.”
– Each home is currently guaranteed 2 parking spaces on their property.
– If a homeowner is not interested in paying for a space, they are not required to rent one.
- “Proposal B would be too difficult to enforce.”
– Enforcement would be the responsibility of the owner of the rented space. Board members will not request nor intervene in the removal of a vehicle from a rented space as the rented space will not be assigned to a particular vehicle. It will be up to the homeowner/resident to select which vehicle is parked at any one time and to have any unauthorized vehicle towed away.
- “Will people with handicapped stickers be included in the lottery as they are the only ones that can park in a handicapped spots.”
– There are great many legal concerns regarding handicap spaces that the board will need to take into consideration before passing and modifications to the parking rules.
- “Each homeowner has equal ownership of all the common areas in the association, can the board tell 40 or so home owners that they can’t park in the common parking areas because there are not enough parking spots for each home to have one.”
– As there are not enough parking spaces to provide each unit with its own guaranteed space, a lottery system of awarding the first rented spaces was suggested to make the system equally fair to all interested parties. A waiting list would then be created for next available spaces if such a list was needed. Originally all parking spaces were reserved for guests only. All revenue generated from the rental dues will benefit everyone in the community by keeping monthly dues low as general purpose funds will not be the sole source for the maintaining and replacing of community roads.
- “If I am responsible for the policing of my rented spot. (IE having someone towed that is in it). It would not be unforeseeable (knowing that the person that had them towed, parks in that spot) that you could go out to your car some morning and find your windows smashed in. Could the association be held liable for the damage to ones car because they put the homeowner in a position to be singled out by a unscrupulous person.”
– Reserved parking is a common practice in many HOA communities and complexes. Neighbor on neighbor crime is a possibility as it is at any time. Any such crime should be reported to the Sheriff’s department immediately. It will be risk anyone wishing to rent a space will assume. The board is not responsible or liable for any damages afflicted on a resident inside the community.
- “Would rented space ensure space is close to homeowner unit? How would such spaces be identified?”
– Parking spaces are already currently marked with numbers. This marking system will continue where a unit will be renting space number _. It will be the intention of the board to best match a unit as close to a rented space as possible but as location of spaces are not evenly distributed throughout, guaranteed proximity will not be possible. Rental of an available space will not be required.
- “If you go with RENT A SPACE. How would you decide who gets what space. There are some homes that have parking right next to there front door and there are some that are a good distance from parking spots. The town homes on cottonwood 13 units only have 6 spots that are relatively close and all of those parking spots have patio homes that are closer to them.”
– The process by which each particular space is assigned to a unit threw a lottery process will be determined prior to the lottery. It will be as fair to each recipient and unit as possible. The decision to rent and keep a space is voluntary.
- “… several times [previous boards] have investigated the cost of adding parking in the planter areas on Cottonwood. That option should be pursued.”
– The Board has discussed and investigated increasing the number of parking spaces inside the community. To date, no proposal found a way to increase the number of available spaces to allow for one space per unit. Also, the cost to remove green areas in place of parking is likely to be significant and will require a special assessment for all homeowners.
- “neither A nor B account for guest parking. We need to be able to have reasonable and adequate parking for guests when they come over to the home that we own.”
– Each home is currently guaranteed 2 parking spaces on their property. That allows for any additional parking needs to be met with the permit or rented space.
- “We propose that the association focus instead on enforcing the existing rules that residents must park at least one car in the garage by conducting random inspections of garages to confirm that there is sufficient space to park a car, with a 30-day advance notice given to each resident before the day of the inspection. This same process would also be used in response to reports of residents not parking in their garage. If the inspection determines that the garage is not being kept clear for a car to be parked, the resident would have another 30 days to clear it or be fined. It seems that those who are complaining about the scarce parking could assist with identifying the offenders.”
– Responses to requests to inspect are often ignored and it is a concern that such a long period of time prior to inspect will only temporarily inspire a reported homeowner to become compliant. It will fall on the neighbors to report a homeowner for being non-compliant with current regulations. If you believe a neighbor is not being compliant with the rules and is not parking at least one vehicle inside their garage, please notify property management.
– “If we do the suggested “give 30 day notice” to make sure people are complying, they will make room to park a vehicle and once the inspection is completed, go back non-compliance.
- “The parking is part of the common area that benefits all Homeowners. I have lived in the community for seven years and have never had an issue with parking. Please consider more closely monitoring the current parking rules and imposing fines on Homeowners that do not park at least one vehicle in their garage/carport. This may help other areas of the community without negatively impacting those of us who do not have parking issues.”
– “The current parking rules is generating regular complaints from other units that spaces are not available near their home or anywhere throughout the community. It is well known that there are many homes with 4-5 vehicles and have only 1 or none of them parked in their garage/carport, choosing instead to keep 3-4 in common area parking spaces, being moved only to rotate among spaces. This is not being fair to other community members. Limiting spaces inside community will force more people to utilize the 2 spaces guaranteed in their garages/carports.”
Furthering the Conversation
If you wish to provide any further insight or response to any of the options mentioned above, please submit via this form.