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AS I POSTED IN MY MARCH MEETING RECAP, THE BOARD IS PROPOSING A NEW PARKING POLICY...AT THAT MEETING CHARITY SAID THAT SHE WOULD SEND OUT THE POLICY WITH THE NEWSLETTER. WELL IT HAS BEEN A WEEK AND NO NEWSLETTER, I WAS ABLE TO OBTAIN THE DOCUMENTATION FROM THE ARCHITECTURAL COMMITTEE SO HERE IT IS FOR YOU.
PLEASE READ IT CAREFULLY! IF YOU HAVE ANY QUESTIONS, OR CONCERNS POST YOUR COMMENTS HERE, E-MAIL CHARITY, OR COME TO THE NEXT MEETING APRIL 16TH @ 7PM. THIS WILL BE A RATHER LONG POST BECAUSE THE CC&R CHANGES ARE INCLUDED. I'LL HIGHLIGHT THE MAIN POINTS.
Re: Association Parking Policy
Dear Homeowner:
As we all know, parking is limited and of great concern to many of our residents. With this in mind, the Board of Directors is proposing the following policy in an effort to address parking in the community. In accordance with Civil Code 1357.130, the Board of Directors shall provide written notice of a proposed rule change at least 30 days before making the rule change which must be made at a board meeting.
The reason for the rule change is to allow members who live and pay association dues to have equal access to the common area and reduce the amount of stored vehicles on site. If you have any questions or comments regarding this proposed policy, please submit them in writing to the board, e-mail management or come to the upcoming board meeting scheduled for Wednesday, April 16 at 7:00 P.M. in the clubhouse.
Please review the proposed rules in their entirety and we expect these rules to be in effect by April 19, 2008.
Sincerely,
The Board of Directors
Monterey Villas HOA
Monterey Villas
Parking Rules and Regulations
In accordance with the Bylaws of the Monterey Villas Maintenance Corporation, the Board of Directors has established policies to curb abuses of the rules and to safeguard the proper use of the parking lot and spaces for the benefit of Monterey Villas Maintenance Corporation unit owners. These policies are provided here and can be amended at any time; any changes to the policies will be disseminated to the unit owners.
All unit owners shall observe and abide by all Monterey Villas Maintenance Corporation (Association) policies, as well as municipal parking and traffic law and regulations. Failure to observe and abide by these policies, laws, and regulations may result in vehicles being removed from the parking lot by an independent contractor at the unit owner’s risk and expense, for which the Association accepts no responsibility or liability.
I. General
A. The parking lot within Monterey Villas is for the exclusive use of Monterey Villas unit owners, visitors, and for those having business with the Association.
B. No open parking spaces are assigned (the only assigned spaces are the privately owned and covered carports).
C. Additional parking permits will be issued by the Rules and Regulations Committee on a case by case basis.
D. Fines may be imposed and parking privileges may be revoked as a result of consistent and/or repetitive infractions of the rules and covenants.
E. A unit owner who is a landlord may transfer the parking permit to the unit owner's tenant, and the tenant shall observe and abide by these policies.
II. Restricted Uses
A. Vehicles may park in any unrestricted uncovered space.
B. Restricted areas include but are not limited to: fire lanes, pedestrian access areas (striped areas), in front of trash bin enclosures and fire hydrant zones.
C. Vehicles must be in working condition. Vehicles in open spaces may not remain in one spot for more than 96 hours unless a written request is submitted in advance to the Board of Directors.
D. Only ordinary light maintenance on vehicles may be performed in the parking lot. (Such as cleaning interior or removing trash, changing a flat tire.)
E. Vehicles may never be driven or placed on curbs or grassy-garden areas.
F. Each unit owner (with two vehicles) who is current on dues and has no violations will be allowed to apply for a valid parking permit, only one parking permit per unit will be issued after the application has been reviewed, and the vehicle for which the permit will be used must have current registration. A valid parking permit is defined as one issued by the Monterey Villas rules and regulations committee to the individual unit owner, and one that contains a permit number that has not been voided.
(1) Parking permits will be issued only to unit owners who are current in condominium fees, late fees, and other financial obligations to the Association.
G. A unit owner who transfers a parking permit to a tenant must retrieve the permit from the tenant upon termination of the rent or lease.
H. Vehicles must display a valid parking permit when on the premises.
I. The parking permit must be displayed in the designated location, hanging from the rear view mirror or fixed to the top left driver’s side corner of the rear window. (Convertibles should display the permit in the top left driver’s side corner of the windshield or of course hanging from the rear view mirror as a hanging permit will be issued.
J. You may park your motorcycle, without a permit, in any of the marked motorcycle spaces. You may not park your motorcycle in any other parking lot space unless a motorcycle area has not been designated.
K. (1) Notwithstanding any other provision of rule, regulation, or policy, upon receipt in writing from the Sheriff of Orange County, the Police Department of Santa Ana, the Fire Chief of Orange County, or their respective designees attesting that:
(a) a unit owner or tenant is an employee of that official's agency,
(b) a government vehicle has been assigned to the unit owner or the unit owner's tenant,
(c) such vehicle is to be operated exclusively by the unit owner or the unit owner's tenant in the execution of official duties, and
(d) such duties are in the furtherance of public safety, the Board of Directors may issue a parking permit for that vehicle upon approval of the aesthetics committee if the vehicle is not in violation of the association’s CC&R’s or Rules and regulations.
(2) A parking permit issued pursuant to paragraph (1), shall be affixed to vehicle in the above prescribed manner. The parking permit is transferable. If the Board of Directors finds that the parking permit has been illegally duplicated and affixed to multiple vehicles, the Board of Directors shall revoke the parking permit and cause the number to be voided. The Board of Directors shall not issue another parking permit for that unit owner or any other government vehicle assigned to the unit owner or the unit owner's tenant during the remainder of period during which the original parking permit would have been valid.
(3) Notwithstanding paragraph (2), in the event that the government vehicle to which the parking permit was issued is temporarily or permanently replaced during the period for which a parking permit is valid, the parking permit may be transferred after the official provides notice to the Board of Directors.
(4) Paragraph (1) shall not be construed to compel the Board of Directors to issue a parking permit. The decision to issue or revoke a parking permit is reserved exclusively to the Board of Directors and/or the Rules & Regulations Committee..
III. Enforcement
A. Failure to follow parking policies. Failure to abide by any Monterey Villas parking policies, rules and regulations may result in towing and/or the revocation of parking permits or privileges.
B. Counterfeit parking permits. Any duplication or facsimile of the original parking permit will be considered counterfeit, and the vehicle will be subject to towing and additional penalties. The parking permit will be confiscated and the number voided when the permit holder is found counterfeiting a parking permit. Revocation of the one allotted parking permit per unit means that the unit owner must pay $250.00 to get a new valid parking permit. In addition, the permit holder will lose the right to park in the Monterey Villas parking lot for 30 days, incrementing in 30-day periods per incident (e.g., 30 days for the first incident, 60 days for the second, and so forth).
C. Financial delinquency. If a unit owner is more than ninety (90) days delinquent in meeting financial obligations to the Association, regardless of the amount, the Board of Directors shall provide the unit owner with notice and grant the unit owner an opportunity to be heard. The unit owner may respond by appearing in person before the Board of Directors at such time and place as provided in the notice or replying in writing by the date as provided in the notice. Failure to respond shall constitute waiver of all privileges, and the Board, shall revoke the parking permit and void the permit number, and the vehicle shall be subject to towing. A new valid parking permit may be issued if, at the time such permit is issued, the amount necessary to bring the account current has been paid and recorded on the books of the management company. Revocation of the parking permit shall result in the unit owner paying $250.00 to get a new valid parking permit.
D. Towing. Towing of the vehicle will be carried out by an independent contractor. The Association accepts no responsibility or liability for the actions of the independent contractor.
IV. Voiding and Replacement of Permits
A. A parking permit can be exchanged without charge for a new parking permit if it becomes damaged.
B. Parking Permit numbers are voided when—
(1) The unit owner sells the unit.
(2) A parking permit is exchanged.
(3) A new parking permit is issued.
(4) The unit owner is 90 or more than ninety (90) days delinquent as described in III.C.
(5) A parking permit holder is found to have counterfeited a parking permit.
C. The replacement cost for a permit is $100, regardless of reason. (Free if damaged)
D. The Board of Directors will consider appeals upon submission of a written request.
16 COMMENTS:
Couple of questions:
1. Why is it only limited to units which have two cars? If I have a guest staying with me for a week, they are not going to be able to park without fear of being towed.
2. How are they going to determine who has two cars here anyway?
3. How many permits are they going to allow to be issued at any one time? My understanding is that there are 106 open spots.
4. If only people who have permits are allowed to park in the open spots you will have spots not in use which other owners can not use for no good reason other than they don't have a permit. This is not fair.
5. $100 is too low for replacement permit. What's to stop people from lying, getting another permit, and then "renting" that permit to someone else. You could recoup your $100 in about two months. Make it at least $250. If damaged, I agree a replacement should be given for free so long as the damaged one is returned.
6. Five hours over two weekends is all they are open to accept applications. Way too little time.
My $.02:
Every unit should get one permit to use for a second car living in the unit or to give to a dinner guest etc. The owner should come with a copy of the deed/something similar showing ownership of the unit and photo ID showing who they are to receive their permit. At that time, make everyone sign the parking contract so they can't say they didn't know the rules. I like the fact that people not current on their dues can't receive permits.
I appreciate the work that the architectural committee did to get this rolling but I also feel that they are approaching this the wrong way.
How can you only pass out a limited amount of permits? That means that once they're gone, they're gone. If you can't make it to one of these appointments or if the passes run out you're screwed. What happened to the original idea, every owner gets one permit? This would be non biased, and give an equal opportunity for everyone, of course it would only pertain to those who are current on dues.
I would also suggest that the board send out permits to reference your appropriate carport number because it seems like people are claiming unsold carports as their own. If you had a permit that referenced your carport, so that if someone parked in your spot you'll have proof to show a tow company.
I agree that the committee is going about this the wrong way. As an owner of 3 cars between my wife and I, how does the permit situation apply to us? Two permits per household seems logical. Even if homeowners only have 1 or two cars, the extra permit can be used for guests. Which leads to a whole new set of questions... Guest parking.
Another question is what if you go on vacation? Do you really need to submit a written request to the board stating that your car will be parked for over 96 hours? That's lame.
To be honest, I haven't had any problems finding parking spots recently. If I know i'm going to be home late, I use my car port spot. If I have to park on the street, well then I have to park on the street. Not a huge deal.
The permit thing seems more like an inconvenience than anything else.
I agree GMAN, parking hasn't been that hard to find lately but that's because my wife and I have a simple strategy, first one to get home parks in an open spot and the other parks in the carport.
If we have a guest over we just park one of our cars on the street and let them park in our carport spot. The same rules would apply if we were given one permit for the carport and one for the open spots.
One parking permit wouldn't be fair. I have a 2 bedroom unit occupied by myself, my wife and my brother. We wouldn't want any of our cars parked on the street if possible -- if there's an open guest space, then we should be able to park there.
What problems caused this new parking policy anyway? Seems like this is going to create more problems then we currently have. The only real plus I see is having an easy way to identify your carport if needed, although it doesn't even sound like the current plan is taking this into account. Its probably a lot different for someone like Blueprint, but it sounds like all of the couples have adapted to our parking situation.
The policy is trying to solve multiple problems, including the fact that some units are utilizing up to four or five spots for cars that are inoperable or being "stored" here although the person does not live here. Also, it makes it easier to tow people who are parked in your spot. People are also fighting over the open unassigned carport spots claiming them as "theirs" because of the parking shortage. Many times I cannot find ANY available spot in the entire complex when coming home from work.
While I sympathize with Blueprint's position, a one unit/ one permit policy would allow each unit to have two secured spots - the carport spot and the permit spot. Since we only have a limited number of open spots, I don't think we can guarantee that any unit have three spots when parking is at such a premium.
The fact is that with 109 or so open spaces and 272 units, not everyone is going to guaranteed two spaces no matter how the permits are distributed.
As I understand it, the options we have are either limit the number of permits to match the number of open spaces and make it first come first serve during the application process, or give everyone a permit and let it be first come first serve every day. Either way, a certain segment of the ownership will still have to park on the street. It's just a matter of whether the members of that street-parking group are predetermined during the application process or vary each day depending on when everyone gets home from work and errands. I tend to agree that the latter situation seems more fair overall.
That being said, having these permits will definitely make it easier to identify non-residents parking here (I've heard unsubstantiated rumors that some people parking here are residents from the condos across the street where parking is even more limited than it is here), non-operable vehicles and so forth, and therefore should make it easier for everyone who lives here to find parking.
The permits shouldbe distributed equally to each unit. Otherwise future owners, people with life changes are screwed. We all should have known up front that we had only one spot guarenteed each night. I am having trouble with the guest parking. So when I have a visitor in the middle of the day and parking is abundant I still need to tell them to park on the street? If I'd have known that back when I bought, I surely wouldn't be here today. That being said, I am firm on the fact that these permits need to be distributed evenly and fairly to everyone to avoid a huge backlash from residents.
I would suugest giving each owner one hanging type parking tag. This would solve the issue of one owner storing an unfortunate number of cars in the guest parking area, while still allowing everyone a fair shot at guest parking each night. To pass out only as many permits as there are open guest spots effectively turns the rotating guest parking into static owner spaces, you might as well roof them over and start a parking gestapo program.
Who ever decided to use Pepe's Towing in a genius... Do some research next time!!!!!
http://activerain.com/blogsview/388115/Pepe-s-Towing-bad
I agree that the only fair option is to give 1 permit to each unit. Parking would be a first come, first serve and everyone would have an opportunity to use the parking spaces when available.
If a permit is not issued to each and every unit how will this ".. allow members who live and pay association dues to have equal access to the common area and reduce the amount of stored vehicles on site." (quote from the newsletter) If permits are only issued to those with more than 1 vehicle--- that is not equal use.
Has anyone noticed the car parked by building M withe the car cover on it? I'm guessing it's going to be there a while. I believe the car under the cover is that old VW golf that used to park in one of the car port spots. I may be wrong, but I think the guy who owns the car doesn't live here anymore. The guy was living in the downstairs unit on the pathway to the laundry room. This unit is now gutted, and had one of those aution signs on it. I am all for using car covers to keep your car clean, but this looks like an obvious attempt at car storage.
This is all speculation however, but we may want to keep an eye on this car that is being "stored" in one of our parking spots. It has been parked there since Sunday April 13th.
What about the "renters"? Are they getting parking permits too? They don't pay HOA. Just a thought because parking spaces had been tight on our location since a couple of the renters I know moved in. I don't want to sound selfish, but I don't think it's fair that renters get a parking permit since they don't pay the fees that homeowners are required to pay regularly.
and why shouldn't we "renters" get parking??? just because we don't personally pay the HOA dues doesn't mean they aren't paid. the owner of the unit we live in pays the dues because it's included in our monthly rent. accordingly we are entitled to parking just like everyone else! i'm guessing you have never rented?? we have the same rights the owner of our unit would have if they lived here.
please get over the whole renter issue. i can guarantee that you have no idea how many people that live here are renters! i'm so sick of hearing that "renters" are causing all of the problems here.
Permits are going to be distributed equally, it will be a homeowners responsibility to give their tenant a parking pass. Honestly the problems we are having can't be specified to renters, its a collective issue right now.
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