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February 28, 2007
USE OF GARAGES - WHICH "CAMP" ARE YOU IN?
Are you in the "camp" that thinks that garages in HOAs should be used for storage, home offices, workshops, storage sheds or pool/ping-pong recreation rooms? Or the "camp that thinks garages should be used for parking of vehicles that are used for transportation?
I am guessing it depends on how much of a parking problem you have in your HOA. I often joke that developers plan for 1 and 1/2 parking spaces for every residence in an HOA in California, knowing full well that the average household has 3 vehicles, especially if there are any children past the age of 16. And that to get the 1 and 1/2 spaces, they "cheat" and paint for the Geo Metro, knowing full well that many Californians, like Texans, think that "bigger" is "better". But it's no joke.
I almost always assume that if there is no parking problem today, there will be tomorrow. There are many garden variety problems and I have written about several right here on the blog. Using the garage for storage of anything and everything other than a vehicle used for transportation is just another one of them. I bet you can guess which camp I am in. Yes its true. But Why? I am also in the camp that believes Americans are prone to collecting too much stuff ... (yes, including me, but I still have room in the garage for the requisite two vehicles).
My experience is that Boards that look the other way and let owners use the garages for storage, end up fighting the fight over use of the common area parking spaces. While the Board may battle to reserve a few or all of the common area parking spaces for guest use and service vehicles, the owners who store stuff in their garages are fighting a war for use of those spaces.
If the Board and Owners who want the extra spaces reserved for guests win the war, then they end up fighting the arguments over whether the "regular" visitors are guests or residents (i.e., the "sleep-over" guests.)
So, the HOA adopts a "permit program" to try and regulate the parking space use. And then, the accusations begin about who gets permits for overnight parking. Whether or not the Board is fair about issuing permits, there are always residents who believe that the Board wants to pick and choose who gets the permits that grant owners or residents the right to park overnight in the common parking area without the fear of being towed.
There are owners who will argue that ALL homeowners should have equal access to the common area parking spaces. The point may be made that if the HOA wants to institute permit parking, that all homeowners should get at least 1 permit, and if there are additional parking spaces, owners should be able to purchase additional permits if needed. Of course, all these options depend a lot on how many parking spaces are available.
If a board issues parking rights based on permits, and everyone gets one, and there are no remaining spaces, then the guests would have to park in the owner's garage or out on the public streets - sometimes this is a real s.t.r.e.t.c.h. However, the owner can decide which vehicle sits out for the night, so sounds fair to me.
The truth is that there is no one way that things should work. There is no law that dictates how the parking should be implemented and the documents should be enforced. The documents may have specifics, and they may be general enough to leave room for adopting rules. However, usually, the Board has some latitude to determine the best use of the common area parking spaces. In any event, Boards should definitely take into account the needs of all owners, and try to balance them appropriately. Reasonable exercise of power is always the best exercise.
Posted by Beth Grimm at February 28, 2007 5:32 PM