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3 common HOA parking issues that can spark legal problems

On Behalf of | Jul 25, 2023 | HOA Law |

In a perfect world, your Utah Homeowners Association (HOA) and its members would always work together to secure fair terms of agreement and would peacefully resolve any issues that arise. In reality, there are numerous types of issues that may be difficult to resolve. In fact, some issues, like parking issues, often lead to legal disputes between HOA board members and residents.

When representing your community’s HOA, there are several things to keep in mind regarding resident and guest parking. You can avoid many problems by writing out clear policies and terms of agreement and making sure all relevant parties understand the implications of the agreement. It’s also wise to know where to seek support if a legal problem arises that you do not feel equipped to handle on your own.

Residents using guest spaces may cause HOA parking issues

If your community provides parking spaces for guests, your full-time residents should not be parking there. Legal problems can arise if a community member invites a guest to visit but there are no available parking spots because residents are using the spaces designated for guests.

There are several ways to address this issue, including levying a fine against residents who are breaking the rules. You might also incorporate a clause in your community’s HOA policies that informs residents that they may lose their parking privileges if they park in spots that are for guests. Some HOAs let community members know that they risk the towing of their vehicles if they are parked in a prohibited area.

There must be parking space available that is FHA and ADA compliant

The Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) protect vulnerable members of society. As an HOA board member, you’re responsible for making sure that your community’s parking area is accessible to people with disabilities according to FHA and ADA regulations. This typically includes providing space with ramps (for wheelchairs). It also means that a certain number of parking spaces must be of a specific width.

Residents need enough parking spaces

While it’s nice if your HOA provides guest parking, having enough spaces for residents is the top priority. If a community member constantly experiences limited parking availability, it is likely going to cause a dispute. If needed, you can convert existing guest spaces to resident parking areas. This might mean that guests must find other accommodations, but at least residents will always have a place to park.

A well-written contract is the best means of avoiding legal disputes between HOA members and residents or guests. However, if a problem arises that you’re unable to resolve, you can tap into local resources for additional legal support.