What every Condominium Association needs to know about Parking Restrictions
The enforcement of parking restrictions is one of the most problems that condominium associations and property managers are forced to deal with. In densely packed urban areas, parking spaces are often at premium in condominiums and issues arise when co-owners fail to park in their designated areas. In contrast, suburban site condominiums with single family homes often face parking issues related to parking boats, commercial vehicles or inoperable vehicles in driveways or on the street. Accordingly, given the vast array of potential parking issues that can arise in a condominium, condominium associations and property managers need to be prepared to
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While the Michigan Condominium Act does not have any specific provisions that regulate parking, MCL 559.156(a) states that the condominium bylaws may contain provisions that “are deemed appropriate for the administration of the condominium project not inconsistent with this act or any other applicable laws.” However, any condominium bylaws that are related to parking must be reasonable. Slatterly v Madiol, 257 Mich App 242, 256; 668 NW2d 154, 163 (2003) (“Bylaws must be reasonable in themselves as well as in their practical application.”). Finally, even if the condominium bylaws are silent with respect to adopting any specific parking standards or not specific, most condominium bylaws allow for the condominium board to adopt reasonable rules and regulations that govern the use of the common elements. Meadow Bridge Condo Ass 'n v Bosca, 187 Mich App 280, 282; 466 NW2d 303, 304 (1990) (“…the board has the authority to promulgate reasonable rules and regulations.”). Accordingly, prior to taking any action with respect to enforcing parking restrictions, condominium boards and property managers should determine whether the condominium bylaws and/or rules adequately address parking issues or whether amendments are needed. Common issues that should be addressed in the condominium bylaws or parking rules are as
Generally speaking, the Master Deed, Bylaws or other restrictive covenant will charge the Board of Directors with enforcing these documents. Similarly, the terms of the governing documents and the Michigan Condominium Act require every owner to “…comply with the master deed, bylaws, and rules and regulations of the condominium project…” MCL 559.165. Accordingly, as a general rule, the Board of Directors of a Condominium Association or Homeowner Association is required to enforce the governing documents as written.
Kevin Hirzel of CMDA recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017). The Oakland County Circuit Court held that the 2016 amendment to MCL 559.167 does not re-create “need not be built” units on common element land that is owned by the co-owners. The ruling will have an impact on any incomplete condominium projects that contain “need not be built” units and also meet one of the following two (2) requirements:
One in 25 parking spaces needs to be handicapped-accessible if your parking facility has 100 or fewer total spaces. The minimum accessible spaces should be increased by one at 101 total spaces and again at 151 spaces. For parking lots with at least 201 but no more than 500 spaces, increase the number
Imagine waking up thirty minutes late the morning of your final exam, the sense of panic you feel as you are rushing to get dressed and then begin speeding through traffic to make it to the campus on time. Upon finally arriving, with less than fifteen minutes left to spare, there is absolutely nowhere for you to park your car in the parking garage. Stressful situations such as these happen on a daily basis for college students attending the University of Nevada Las Vegas (UNLV), the issue of parking deficiencies at UNLV is becoming a more well-known and very prevalent among the college’s community. The absence of parking spots at UNLV is detrimental to students’ education because it causes problems such as tardiness, frustration added stress, and financial issues; all things that will eventually handicap the educational enrichment of the students that are enrolled.
The City of Los Angeles is notorious for its space congestion: in most neighborhoods, simply finding an open parking spot is considered a luxury. To make matters worse, California vehicle code section 22500 (f) exacerbates Los Angeles congestion as it precludes vehicles from extending over any portion of a sidewalk or onto a street. This paper will draw attention to the fact that 22500 requires amendment, doing so would both reduce space congestion and ease vehicle accessibility.
In Mt. Veron Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Condominium Association could not create rules and regulations that were inconsistent with the maintenance responsibilities set forth in the Master Deed and Bylaws. Specifically, the Mt. Veron Park Association adopted a rule and regulation that indicated that all co-owners must paint must have their front doors painted dark brown. The Association requested that the co-owner paint her door dark brown. The co-owner argued that the Master Deed and Bylaws placed the responsibility for the cost of maintenance, repair and replacement of the door on the Association, even though
Most owners and managers of property throughout the country will acknowledge the importance of the regulations stated in the Americans With Disability Act or the ADA that was passed in 1990. The regulations in this act dictate that all buildings open to the public should provide fair, identifiable and safe entrances and exits to and from the buildings along with the rooms inside of them. In addition, the parking lots to these establishments also need to be appropriately marked for people who struggle with some kind of disability. Even though the regulations have been around for such a long time, there are still properties today that do not comply with
I am the Law Students’ Society representative for the law school located at the PACI building on 955 Oliver Road in Thunder Bay, where our students are experiencing parking difficulties.
Waking up on time, finding your classroom, as well as showing, are just some of the stressful parts of going to Cleveland State as a commuter, let alone finding a place to park. The necessity of finding a parking spot on campus close to the correct buildings is a must if you plan on commuting. On top of paying for tuition, students are asked to pay another fee to park on campus. One would think that if the parking pass was bought, a spot would be automatically a given fact, but for some they are hard to find. The question is should every student that buys a parking pass be granted a parking spot in the designated area of their choice? I think that if you spend the money to park you should have a spot no matter what time you come on campus.
Though students are not the only ones suffering from the parking issue. According to the FIUSM Editorial, “FIU’s status as a commuter school should mean the University has enough parking spaces available to fulfill the need of its community. But, it doesn’t. The University’s parking problem is not just a student problem, it’s affects the community as a whole (FIUSM Editorial).” To get this point across I plan to use a solution argument to be able to properly state the solutions to the parking problem Florida International University has provided, and show the flaws that the services have within them and ways that we could better than to actually make an impact on the commuting students parking experience. I decided on this purpose because many people already know Florida International University has a parking issue, as well as many universities around the country, but to be able to offer them alternatives to be able to help the problem seems to be the best way to go rather than just informing them of what they already know
Another constraint for our building is parking. Whilst we do have a 50 space underground car park, this is never opened up to the exclusive use of our customers. When we explain that their elderly or disabled guests, or organisers (delivering flowers etc) will be permitted to use the car park, this usually overcomes any obstacles.
Through utilization of the recently drafted Development Standards Section Ordinance, effects of open parking lots can begin to be mitigated. The draft DSS Ordinance requires emerging businesses
As of 2013 there are about 2,500 parking spots currently available at the UCMerced parking lot; with the continued growth of students in the school, we need to be able to make sure supply meets demand with the parking spaces. UCMerced's student population is rapidly growing from 13.5 % from Fall of 2015 to 2016 (UCMerced). Due to the high demand the school needs to be able meet the necessary requirements for all these students; one of the biggest problems the school faces is that they aren’t able to meet the student’s transportation needs (The Merced Sun-Star). The lack of spaces causes students and staff to waste time looking for parking causing them to waste time. I plan on making a design on a mobile app to be able to solve this problem.
More than half of the parking spaces that is close to the academic buildings is reserved for the Professors, however, the number of students in attendance surpasses the faculty. Students have had difficulty and anguish over this decision and think this system is no good. Two of the bad things are, for example, students have to park in the streets which is dangerous or interrupting classes already in progress when they arrive late. Sometimes students are on campus on time, but they have to spend ten to fifteen minutes looking for a suitable parking spot. Andy Gayle is a mechanical engineering student and argue passionately about the parking and think he is paying too much money to Camden County College to have this type of trouble. Therefore, he believes if you are not paying tuition you should not have special parking and that all parking should be on a first come first serve basis. Mr. Gayle concludes that the only designated parking should be for handicapped Professors and students. Even though, his statement is controversial I do agree to an
There are currently only a handful of reserved spaces on campus, and the ground has yet to be broken for the construction of the parking deck. In fact, Winthrop University does not even have all the funds needed to build this parking deck. When I approached Jack Allen, of Campus Police, with my idea of reserved parking spaces, he told me that he thought it was a good idea. Walter Hardin, when given the same idea, seemed to think that the reserved parking system would not realistically work out but was open to the proposal.