Parking Management in Community Associations

Parking is one of many elements involved in managing a condominium, homeowner (HOA), and townhome community association. There are a number of parking types including:

• Resident and guest parking: Parking lots, deeded parking spaces, handicapped parking
• Other vehicles: Motorcycles, work vehicles (ex. moving trucks), recreational vehicles (ex. RVs)
• Electric vehicles charging spaces
• Loading zones and fire lanes
• Parking garages

Poorly managed parking can lead to owner disputes, safety concerns, and reduced property appeal. Effective parking management should strive to optimize space ensures and reinforce compliance with the association’s regulations. Below are six considerations in managing parking within a community association.

1. Parking Rules and Regulations

Board members, property managers, and community leaders should work to establish clear parking rules to avoid conflicts and confusion. Examples of typical parking rules include no overnight parking in certain areas or permit requirements. Enforcement strategies for parking compliance in community associations often includes issuing permits, imposing fines, and using towing services to deter violations. Some associations also utilize security patrols, surveillance cameras, and regular inspections as additional management and monitoring tools. Ultimately, maintaining effective enforcement while fostering community trust relies on proactive communication, consistent practices, and transparent rules.

2. Deeded Parking

Deeded parking refers to parking spaces that are legally assigned to a specific unit or homeowner as part of their property deed. This assignment gives them exclusive ownership and rights to that space. This differs from general parking spaces, which are commonly shared and available on a first-come, first-served basis for residents and guests. Deeded parking offers benefits such as predictability and can contribute to higher property values, especially in areas where parking is limited. Potential disputes can arise during property transfers or sales when there is confusion or disagreement over the inclusion of the parking space. Additionally, conflicts can occur when an owner attempts to sell or lease the space separately, leading to disputes with the association or other residents regarding community rules and access. Board members and property managers should work to maintain accurate records of which units own specific parking spaces, particularly after a home or condo unit is sold or transferred to a new owner. Associations should also establish rules and regulations that define unauthorized use or the subleasing of deeded parking spaces without prior approval.

3. Guest Parking

Board members can balance resident needs with the demand for visitor parking spaces by implementing solutions including guest permits or time-limited parking. Guest permits are a straightforward way to regulate and monitor who uses visitor spaces, ensuring that association parking is reserved for actual guests rather than being misused by residents. These permits can be issued on a per-visit basis or through a pre-approved application process, allowing the association to maintain control while offering flexibility to residents with visitors. By setting specific time limits for guest parking spaces, associations can prevent long-term occupancy of these spots. Time limits can be enforced with clear signage, periodic inspections, and, if necessary, penalties for violations. Additionally, digital tools (ex. online permit request systems) can streamline the guest parking management process, reduce administrative burdens, and enhance enforcement.

4. Accessibility

Accessible parking spaces are essential for ensuring compliance with ADA regulations and supporting residents and visitors with disabilities. Community associations should consult with their legal counsel to understand the legal and practical requirements for accessible parking, including the proper number, dimensions, and signage for these spaces. Boards should be prepared to address requests from residents with disabilities for designated accessible parking and work to integrate these spaces into the overall community parking plan. Clear policies, consistent enforcement, and open communication with residents are key to creating an inclusive and compliant parking system that meets everyone’s needs.

5. Parking Garages

Parking garages, more often found in condo buildings and gated communities, require careful management to ensure they remain functional, safe, and secure for association residents. While a valuable community resource, parking garages require regular maintenance for lighting, ventilation systems, signage, and structural integrity. Some parking garages also utilize safety measures (ex. cameras, automated gates, card access) to help deter theft. For associations that work with third-party vendors to manage their parking garages, vendor agreements and contracts reviewed by the association’s attorney. This can ensure the association’s interests are protected in matters of property damage, personal injury, or liability. Additionally, the association should ensure that adequate insurance coverage is in place to protect against potential liabilities related to the parking garage.

Legal Resource

Thoughtful parking policies and proactive management are crucial for minimizing owner disputes, enhancing safety, and ensuring efficiency in community associations. By addressing potential challenges proactively and implementing transparent rules, associations can create a parking system that meets the needs of residents and visitors while enhancing overall property appeal.

Do not hesitate to contact our law firm if your association has questions about parking rules, rule enforcement, drafting/updating association policies, contract review, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals.

We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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