Addressing Problems with Vehicles and Parking
Some of the most troublesome issues for community owners and
managers pertain to vehicle parking and driving. Few problems are more
frustrating than vehicles that block fire lanes, obstruct roadways, interfere
with access to facilities, and detract from the overall visual appearance of the
community. Many managers spend countless hours each month policing these
problems, to no avail, with a feeling of helplessness. However, carefully
drafted lease or rule provisions will inform the residents of what is expected
of them regarding vehicles and parking. Such provisions can significantly
minimize vehicle problems within the community, give managers greater
enforcement powers and significantly reduce the aggravation suffered by the
property owner and management.
I regularly receive telephone calls from distraught property
owners and managers who feel helpless in dealing with vehicle issues.
Surprisingly, when I review the lease documents and other applicable rules, I
find few, if any, provisions that adequately address the vehicle problems that
are causing the aggravation. I then have the owner or manager provide me with a
laundry list of the types of problems they are encountering and an overview of
what they ideally would like the parking and vehicle situation to look like in
their community. After assessing those items, appropriate lease or rule
provisions can be drafted. Thereafter, I rarely, and sometimes never, receive
calls concerning vehicle problems from that particular landlord. To the
contrary, in many cases I receive phone calls many months later informing me
that the vehicle issues have been resolved and that the managementí s
aggravation level has decreased significantly.
Below is a list of some general concepts that should be
addressed in rental agreements and rules in order to help minimize vehicle and
parking problems, and to diminish the anguish that owners and property managers
Establish a workable, reasonable speed limit
within the community. If excessive speed is a major problem in your community,
you might consider, depending on the laws in your jurisdiction, installing
appropriate speed bumps. Professionally engineered speed bumps can virtually
ensure that vehicles will not exceed a pre-established speed limit.
Specify the maximum number of vehicles allowed
per unit. If you have the ability, issue decals or placards that authorize
parking, to help ensure that only authorized vehicles are parked in your
Identify the types of vehicles that are not
allowed to park in your community. For example, some communities prohibit
overnight parking of commercial vehicles, pull trailers, buses, trucks over a
certain weight, etc. This type of restriction not only helps eliminate larger,
obstructive vehicles from your community, but can help the community look more
visually pleasing as well.
Specify precisely where vehicles can and cannot
park. Your residents need to know what is permissible and what is not
permissible, in clear, unambiguous terms.
Prohibit parking in fire lanes and other areas
that are critical for emergency access;
Prohibit residents from parking at another
residentís homesite, without the consent of both the other residents and the
If "on street" parking is permitted, consider
limiting it to daylight hours only, or other pre‑established hours;
Specify where vehicles cannot be driven, such as
across unpaved areas, landscaped areas, etc.;
Prohibit loud vehicles, loud music from vehicles,
or otherwise offensive vehicles, such as those that smoke and drip fluids;
Limit or Prohibit the use of vehicles for
recreational purposes within the community, such as motorcycles, ATVís, golf
Prohibit excessive quantities of vehicles visiting
residents, particularly during quiet hours. A carefully drafted provision of
this nature can help minimize or even eliminate illegal drug problems by
reducing the quantity of "traffic" to a residentís unit. Oftentimes landlords
suspect that drug activity is occurring, but they donít have hard proof to
support a termination of the tenancy. Therefore, a backdoor approach might be
helpful, giving you the right to terminate a tenancy if the resident has
excessive vehicle traffic to their unit.
Prohibit vehicles that do not run, that are
damaged and not repaired, that do not have a current license tag, etc. This will
help minimize the overall quantity of vehicles in the community and reduce the
quantity of vehicles that are eyesores or merely stored. After all, due to the
quantity of vehicles parked in a rental community, the appearance of the
vehicles are often the first impression that a potential resident observes, and
which can cause a potential resident to either further pursue tenancy or leave
the property and look elsewhere;
Impose time limits for the loading and unloading
of recreational vehicles, boats, cars etc., if parked in streets or driveways.
Many managers complain that recreational vehicles are parked for days on end for
purposes of readying them for a trip, when the RV could in actuality have been
loaded in an hour if the tenant had been organized and prepared;
Clearly designate parking areas for visitors, and
prohibit residents from parking in those areas to ensure that there is
appropriate parking for visitors;
Many tenants enjoy recreational activities, such
as camping and boating, and look for communities that have RV storage available.
If you have room available for an RV storage area, you might consider
establishing one. Further, you might, depending on the laws in your
jurisdiction, be able to establish stricter policies and liability waivers that
might otherwise not be permitted under your local landlord‑tenant laws. Storage
areas can also be a good source of revenue and a great marketing tool.
You must address the issues of vehicle washing,
repairs, and vehicles leaking fluids. Many landlords provide a vehicle washing
area. Those that do not typically either prohibit vehicle washing or limit it to
certain days and hours. One certain way to sour existing tenants and drive away
potential tenants is to allow vehicles to be repaired within the community. Few
things are worse than vehicles up on blocks, auto parts spread around the
parking area, spilled oil and fluids, and the disturbing clunking of tools;
Vehicles that are leaking fluids should be
required to have the leaks repaired (if significant), or a drip pan or pad put
in place to absorb any leaks. The resident should also be required to clean‑up
any leaks or spills;
Require your residents to be responsible for the
driving and parking behavior of their visitors. Place the duty on the residents
to confirm that their visitors are properly parked, and to educate their
visitors on any parking or driving that may be questionable.
If your jurisdiction permits, give yourself the right to
tow vehicles that are improperly parked, and to assess the towing charges to
the offending resident.
The overall goal of the parking and vehicle restrictions
should be to instead establish reasonable, clear‑cut parameters that will
benefit the community as a whole. To the extent that the aggravation of the
owner and property managers are reduced, that is an added bonus.
Keep in mind that the foregoing general outline is not all
inclusive and that each community must evaluate its own particular needs,
concerns, and the laws of the local jurisdiction. Additionally, I always
recommend that property owners and managers consult with a qualified attorney
regarding any such issues, since I strongly believe that an ounce of prevention
is worth a pound of cure (or in some cases, many pounds of cure).