March 5, 2008
PARKING IN THE GARAGE, WHAT IS SO MISUNDERSTOOD ABOUT THAT?
I guess its time for a blog on parking again. It's been awhile. The questions are all over the map, so this blog will concentrate on garage parking ... or not parking in the garage. Lest you do not want to read on, let me preface it by saying that today, it is my belief and understanding, which is often stated in building plans and governing documents, that garages are constructed with homes with the intention that they would be used for parking the family or resident vehicles. Granted, many were built before the Hummer was re-invented for personal transportation (and you are probably saying by now here she goes again on the subject of Hummers). And granted many, many developments with shared amenities are short of viable parking spaces. But even in those that are not, it would be safer and more aesthetically pleasing for the neighborhood if the residents parked their vehicles in the garages, instead of on the street or in the driveway. Anyone who disagrees with that just does not, in my opinion, get it.
I understand that many homes are built with one or two car garages, and there are two or three or more drivers, so someone gets shut out. But the bigger problem seems to be that Americans store too much crap, and it ends up in the garage! They store stuff for themselves, their kids, their parents, their businesses, their aunts, uncles, cousins ..... and it goes on and on. Some run their businesses out of the garages, like woodshops, car repair services, home offices, workout studios, or storage of pool supplies, etc., etc.
It would be less than honest of me to say I always thought this way. There was a day when I was younger, in a relationship with someone who had an interest in hydroponic gardens and making frames for my photography so we could do craft shows, and when I had small children that were safer riding their trikes in the garage than on the street, renting a townome in a development with no sidewalks. However, when approached by the Board about using the garage for its intended purpose, I did not try to buck the system. We conformed. We understood rules, once someone told us what they were and why they existed. Once I understood what was expected, I was okay with it. And once the garage was cleared out, the cars went in, the basketball hoop went out, and we enjoyed family basketball (boy you are probably saying, basketball hoop too?) Basketball hoops were allowed. But that is beside the point.
So here is the latest question from a reader:
"Our CC&R's state that: ... no owner shall convert his or her garage to any use which prevents its use for the number of vehicles owned by the Owner..."
This person had a lot of complaints, like where does the Board get off thinking that this means a resident has to park his car in the garage, what makes the Board think it can require an owner to open their garage and allow a picture to be taken, what makes them think they can fine people whose vehicles are not parked in the garage, and why should they have to park their vehicle in the garage even if there is room.
Sorry, but you're not getting my sympathy with an attitude like this. A Board does have an obligation to consider what is best for the comunity and allowing cars and vehicles to pack the driveways and streets does little for property values. Parking on streets creates quite a dangerous situation if there are kids playing with balls in the yards nearby or crossing the streets. On a softer and kinder note, people do have teenagers and extra cars, and do have difficulty navigating their large family or other vehicles in their garages, especially when there are stored items there as well, so I know it can be difficult.
Still, in most cases, I imagine it is the family or residents coming to the home/garage that have created the fight over garage parking because of something they feel they should be able to do - it's called the "King of the Castle" syndrome.
Boards do have considerable authority to implement rules about garage use and driveway and street parking, if the documents contain language like the above and also authority to adopt rules. This is not to be perceived as legal advice as to any given situation, just informational. So be careful before you buck the system. Sometimes ignoring or fighting rules can lead to fines, reimbursement of costs and sometimes even legal fees, and sometimes even worse trouble. So let it go, and get good advice before making a big mistake.
Posted by Beth Grimm at 10:02 PM