One of the most common challenges associations and their property managers face is effectively enforcing parking rules within a community. Parking spaces are often limited in quantity, particularly in communities located in urban areas, and families now routinely have multiple vehicles. Further, parking disputes are typically visible for all to see and can quickly enflame the passions of all the parties involved. As such, associations need to be prepared to cope with violations of parking restrictions found in the declaration, and they may also want to consider adopting rules to supplement those restrictions.

The first step in reviewing an association’s existing parking restrictions is determining when they apply. The restrictions found in the declaration for parking spaces typically vary based on where a parking space is located or how it is classified. One set of restrictions may apply to spaces that are defined in the drawings or declaration to be part of the unit or a limited common element. There may be differing restrictions that govern those parking spaces that are part of the common elements of the association. Determining which restrictions apply will give the association the proper starting point for enforcement, adoption of rules, or consideration of an amendment to the declaration.

Enforcing the existing restrictions and rules presents its own set of challenges. As with most violations, a fine may be imposed on a unit owner who is violating the restrictions and rules. However, what if the owner’s guest or invitee is the one violating? Can a clear connection be made by the association between the vehicle owner and the unit owner? The condominium and HOA statutes should also impose specific procedural requirements for the association when imposing fines.

Another way to enforce parking violations is to tow vehicles. Ohio permits tow-away zones to be placed on private property (ORC 4513.601). However, the statute provides for very specific requirements regarding the adoption of a towing policy, signage, and the towing service location and contract. In addition, there are also often restrictions on towing at the municipal level. While towing a vehicle is often the remedy that residents and directors most want to employ, putting that remedy in motion requires a well-thought-out plan and consultation with legal counsel to protect the association from liability.

Of course, the association can also seek injunctive relief through a court of proper jurisdiction. However, this process takes a long time and requires the association to prove the vehicle owner is violating the restrictions and rules, and that the vehicle in question is attached to a particular unit owner.

Even when the best-laid plans are set in motion, the association must be prepared for exceptions. In some cases, an accommodation may need to be made for disabled individuals or the association risks liability for discrimination. The Fair Housing Act defines discrimination as a “refusal to make a reasonable accommodation in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” While every case is specific to the facts of that individual circumstance, the association must always be prepared to work with its manager and legal counsel to navigate these exceptions when required.

More often than not, associations will have to address a parking issue. Associations will be best situated to address these issues when they have planned ahead by reviewing their restrictions, adopting appropriate rules, and setting up a policy to enforce them. As is often the case, a proactive approach is better than a reactive one.

If your association has questions or concerns regarding parking in your community or believes that you may need to adopt or modify existing parking restrictions to address parking issues, contact our office at 614-228-0207 to speak to one of our attorneys about your options.