Enforcing Parking and Vehicle Restrictions (including EVs!) – Insights from Association Leadership Webinar Series S6, E10

 

In the latest episode of Castle Group’s Association Leadership Webinar Series, Season 6, Episode 10, our experts discussed parking and vehicle restrictions. The webinar hosted by Castle Group featured Brian Street, Executive Vice President of Field Operations at Castle Group, and Donna DiMaggio Berger, Shareholder and Vice Chair of Becker’s Condo, Co-Op & HOA practice, discussing how to best regulate parking and different types of vehicles in homeowner’s associations (HOAs), condominiums, and cooperatives. With increasing vehicle variety and evolving legislation, boards must understand the extent to which they can regulate and even prohibit certain types of parking and vehicles. Our webinar also addressed the growing concerns regarding electric vehicles (EV) and EV charging stations. 

Understanding Parking Classifications 

In condominiums and co-ops, parking spaces typically fall into three categories: 

1. Common Elements: Open for all residents and typically assignable at will by the Board. 

1. Limited Common Elements: Assigned to specific units for exclusive use at which point they become appurtenances which cannot be sold or transferred separately unless governing documents allow. 

1. Deeded Parking Spaces: Formally deeded with the unit and listed in the property records. 

HOAs usually involve driveway, garage, or street parking. However, complications arise when streets are narrow, shared, or not owned by the association and when garages are used as storage units rather than for vehicular parking. 

Street Parking: Private vs. Public Roads 

Whether an HOA can restrict street parking depends on street ownership: 

• Private Roads: Associations have greater control and can typically enforce rules if they existed prior to the 2021 legislative changes. 

• Public Roads: If a vehicle is legally operable on public streets, HOAs cannot typically not restrict its parking. 

In either case, boards must verify current restrictions, consult legal counsel, and consider engineering, emergency access, and municipal regulations before implementing or enforcing street parking policies. 

Challenges with Vehicle Types 

New Florida legislation protects owners’ rights to park personal and work vehicles in their driveways, regardless of HOA aesthetic preferences. Again, these changes may not be applicable to HOAs with regulations that predated the legislative changes. Notable updates include: 

• Work Vehicles: Cannot be prohibited if they are under 26,001 lbs and have fewer than three axles. 

• Sprinter Vans and Covered Vehicles: Permitted if not visible from the street, adjacent lots, or common areas. 

• Law Enforcement Vehicles: HOAs and condos must allow them. 

• Commercial Wraps: Owners may not be required to remove commercial signage unless existing rules were in place before the legislative update. 

Screening and Enforcement 

HOAs and condos must enhance screening processes to inquire about the number of anticipated vehicles and types of vehicles. Boards can enforce rules through: 

• Violation notices 

• Fines (up to 10 days, with HOA fines over $1,000 eligible for liening) 

• Suspension of non-essential use rights 

• Legal demand letters 

For repeated violations, especially from unregistered guests or Airbnb renters, vehicle decals, barcodes, and gate access controls can aid enforcement. 

Towing and Booting 

Towing can be an effective enforcement tool if the association controls the property, has the requisite authority under the documents, complies with signage requirements, and contracts with licensed vendors. However, booting is generally discouraged due to potential damage and limited effectiveness. 

EV Charging and Safety Concerns 

Florida law encourages EV charging infrastructure. Community-installed charging stations are not considered material alterations and may be implemented without a membership vote. 

For private EV chargers: 

• Owners must cover installation, insurance, and electricity costs. 

• Associations should consider using restrictive covenants to clarify responsibilities. 

• Fire safety is a major concern, especially in enclosed or underground garages. 

• Fire marshals increasingly restrict EV parking in certain conditions. 

In some cases, associations may need to prohibit EV parking in flood-prone or enclosed areas. Boards must also regulate trickle chargers, e-bikes, and in-unit charging to avoid increased insurance risks or safety hazards. 

Managing Aesthetic and Safety Nuisances 

Boards can act against inoperable or abandoned vehicles as nuisances. Establishing parking limits per household and enforcing guest parking restrictions help maintain community aesthetics. Clubs and amenity parking should not serve as overflow parking for residents. 

Legal Documentation and the Kaufman Language 

HOAs and condos should review their governing documents to ensure enforceability. The presence or absence of Kaufman language determines whether associations can enforce newer statutory changes. Without Kaufman language, courts apply the laws in place when the documents were created. 

To manage modern parking and vehicle issues effectively, associations must update their documents, consult legal counsel, and align enforcement with current law. EV trends and legislation will continue to evolve, making proactive governance essential for community harmony.  

To watch the full webinar on Enforcing Parking and Vehicle Restrictions (including EVs!), vist https://castlegroup.com/webinar/enforcing-parking-and-vehicle-restrictions-including-evs-in-hoas-condos-cooperatives/.  

To learn more about how Castle Group can serve your community, request a proposal at https://castlegroup.com/request-a-proposal/.     

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