How to create effective community and HOA parking rules

Parking disputes are among the most common challenges in condo, co-op and HOA communities. From guests parking in resident spaces to residents parking in other residents' spaces to commercial vehicles parked in the community overnight, parking issues are sometimes inconvenient and often contentious. Having well-defined, clearly communicated parking rules can help minimize these parking challenges, protect property values and avoid unnecessary conflict. Clear policies set expectations for residents and guests, making managing issues fairly and consistently easier.

Keeping residents informed on essential policies can also help improve resident/board relations. When residents understand the rules (and more importantly, the why behind parking policies), they are more inclined to follow them and less inclined to feel frustration.

In this article, we'll cover some standard parking rules found in condos, co-ops and HOAs and share best practices for creating fair rules that are easy to understand and follow.

Please note that in this article, we often mention HOAs, which are the most common association structure across the US and Canada. And yet, these best practices should provide helpful guidance for other community types too, including condominiums, cooperatives, and strata corporations too.
 

Common HOA parking rules to consider

To help minimize the amount of misunderstandings and violations, you can consider implementing the following rules as part of your HOA's parking policy:

• Assigned parking rules: Homeowners are required to park only in their designated parking spots, so each resident has access to their assigned space. If any unauthorized vehicles are found in these spots, they could be subject to fines or towing, depending on the HOA's rules.
   
• Guest parking regulations: Many HOAs have designated guest parking areas that come with a set of rules to help prevent long-term use by residents. Some communities implement a time limit for guest parking, and some might even require visitors to obtain temporary permits to avoid the abuse of these spaces.
   
• Large vehicle restrictions: Due to space limitations and aesthetic concerns, RVs, boats and commercial trucks are often restricted from parking in driveways or streets. But some communities provide separate storage areas or designated lots where these larger vehicles can be parked.
   
• Street parking rules: Street parking policies vary by community. Some HOAs prohibit overnight parking on streets to prevent congestion, while others limit the number of vehicles a single household can park in common areas. If public roads run through the property, the HOA may not have authority over these spaces and must rely on municipal enforcement for any violations.
   
• Towing policies: HOAs typically outline specific conditions under which a vehicle may be towed. This includes unauthorized parking in fire lanes, blocking driveways, or long-term abandonment of vehicles. Many states and provinces require a warning period before a vehicle can be towed, so board members should be familiar with local regulations before enforcing towing policies. Check with your legal counsel if you are unsure which local laws apply.
   
• Vehicle requirements: Vehicles parked within the community must be in working condition, free of fluid leaks and have up-to-date registration. This prevents unsightly abandoned cars and helps maintain the neighborhood's overall appearance.

Having these rules clearly documented in the HOA's governing documents helps prevent misunderstandings and disputes.

FirstService Residential provides expert guidance to HOA boards in developing and promoting fair, effective and transparent rules. Our team of experts work closely with board members to understand each community's unique needs and dynamics, helping to draft policies that reflect the values and priorities of residents. Leveraging industry best practices, we help our clients create rules that are not only aligned with local and state regulations but are also clear and enforceable.
 

Creating HOA parking rules: 6 questions to ask

Now that you know the most common HOA parking rules, ask yourself these six essential questions before you create or enforce them:

1. Do state or local laws affect your HOA parking rules?

   Always review state and local regulations before drafting or enforcing HOA parking rules. State or local laws may dictate how your community or building can manage parking violations. Some jurisdictions require a specific timeframe for vehicle owners to move their cars before enforcement actions can be taken. Notifications may need to be delivered verbally, in writing, or clearly posted on the vehicle. If you are uncertain about applicable laws, consult your legal counsel and management company. A professional property management company like FirstService Residential can provide expertise and up-to-date insights on relevant legislation that may affect your HOA's parking policies.
    

2. Does your HOA have jurisdiction over community roads?

   Before you implement or update any parking rules, it's essential to understand your  jurisdiction over community roadways. Your HOA cannot override local or state laws governing public roads. Even if a public road runs through your property, you may not be able to impose fines or tow vehicles parked illegally. In such cases, you may need to report the issue to the city or county that oversees the roadway. If a vehicle poses a safety hazard, blocks emergency access, or is illegally parked in a designated space, such as a handicapped spot, towing may be permitted. Consulting your legal counsel and management company can help you clarify jurisdictional concerns and establish compliant policies.
    

3. Are your parking rules clear?

   Clear and well-defined parking rules can help prevent confusion and disputes among residents. If vague or overly restrictive parking rules are in place, it can lead to misunderstandings and enforcement challenges. If you want to help maintain consistency and transparency, your parking policy should include:
    
   • The community's authority to regulate parking and enforce fines
      
   • A list of what is and what is not allowed. This should include parking areas that are prohibited by law and rules specific to your community or building. For example:
      
     • Guest parking
     • Handicapped spaces
     • Fire hydrants or lanes
     • Loading zones
     • Vehicle types
    
   • Provisions allowing the board to grant exceptions or waivers when necessary
      
   • Guidelines for towing procedures, including required notifications and cost responsibilities for vehicle owners
   
   If your governing documents lack these details, consider updating them to reflect the current community needs and legal requirements that pertain to your property. If new issues arise or changes in local laws impact parking regulations, adjustments to your rules may be necessary. Working with your legal counsel can help you stay compliant and enforce rules fairly.
    

4. Do you enforce parking rules fairly?

   To maintain trust within your community, it's essential to implement parking policies uniformly and without any favoritism present. Inconsistent enforcement— such as allowing exceptions for certain residents or board members— can lead to frustration, complaints and even legal disputes among residents. Certain situations may require more flexibility, this can include emergencies or natural disasters. Communication is crucial to keeping residents informed about temporary policy adjustments.
    

5. Do you regularly remind residents of parking rules?

   Even if your governing documents contain clear parking rules, residents may forget or misunderstand them. If you want to promote awareness and compliance with these rules, your board should communicate the guidelines regularly. Consider reinforcing these rules through email reminders, signage in common areas, community website updates and HOA meetings and newsletters.
    

6. Do you have the right support for managing parking rules?

   A professional property management company with local expertise can provide valuable guidance on developing and enforcing parking rules. An experienced management team can help your board to:
    
   • Draft transparent and compliant parking rules
      
   • Implement effective communication strategies
      
   • Train staff to handle enforcement professionally and equitably
      
   • Stay informed about changes in local and state regulations
   
   Having an effective parking policy in place and overseeing that your residents understand it can minimize parking problems and help maintain a safe environment for your community. Aiming to communicate it effectively and enforce it fairly will also go a long way in maintaining your reputation with residents and potential owners. Before implementing or enforcing parking policies, HOAs must review applicable regulations and consult their attorney.

If your community or building is looking for expert support in managing parking rules, contact FirstService Residential, North America's leading property management company.