HOA pay for off-site parking?

Introduction to the Issue

The question of whether a Homeowners Association (HOA) should pay for off-site parking during structural repairs is a complex one, especially in cases where common elements like parking decks are involved. In a recent scenario, a 20-story condominium faced a dilemma when its upper parking deck was deemed unsafe, leading to the blocking of some assigned parking spots in the garage below. Residents who had their assigned spots blocked were compensated for the off-site parking expenses, but those who used to park on the deck had to cover their own costs.

Understanding the Role of the HOA

Each HOA is governed by its specific formative documents, such as the condominium declaration. These documents outline the association’s responsibilities, including the management and maintenance of common elements. In the case of a parking deck, which is considered a common element, the HOA has a duty to act reasonably and in good faith to manage and maintain it, including covering related expenses.

Responsibilities of the HOA

The HOA’s responsibility to maintain, repair, and replace common elements implies that it should also cover expenses related to providing and maintaining these elements. This includes situations where the common element, like a parking deck, becomes unusable due to necessary repairs. The association should reimburse residents for parking expenses incurred since the parking deck became unusable, as these expenses are a direct result of the association’s duty to maintain the common elements.

Reasonableness in Providing Alternatives

Acting reasonably, the HOA must provide for a similar amount of parking, taking into account local availability. This means that while the HOA is responsible for ensuring that residents have access to parking, it is not necessarily required to provide the exact same parking experience. The goal is to provide a reasonable balance between maintaining the common elements and managing community expenses.

Financial Implications

Since all owners fund community expenses, the HOA may need to raise dues or pass a special assessment to cover the additional expense of off-site parking. This is a critical consideration, as the board seeks to minimize expenses while fulfilling its obligations to maintain the community. The increase in expenses underscores the shared responsibility among all owners to fund community needs.

Conclusion

In conclusion, when a common element like a parking deck becomes unusable due to structural repairs, the HOA has a responsibility to act reasonably and in good faith to manage the situation. This includes covering related expenses, such as off-site parking for residents affected by the repairs. The HOA must balance its duty to maintain common elements with the need to manage community expenses, potentially leading to increased dues or special assessments. Ultimately, the goal is to ensure that the community is maintained while respecting the financial contributions of all owners.

FAQs

• Q: Is the HOA responsible for reimbursing off-site parking expenses when a common element like a parking deck is under repair?
  • A: Yes, as part of its duty to maintain, repair, and replace common elements, the HOA should reimburse residents for parking expenses incurred due to the unavailability of the parking deck.
• Q: How does the HOA determine what constitutes "reasonable" alternative parking arrangements?
  • A: The determination of what is reasonable depends on the specific situation, including the availability of local parking options and the association’s resources.
• Q: Will the HOA need to increase dues or pass a special assessment to cover the costs of off-site parking during repairs?
  • A: Yes, to cover the additional expenses, the HOA may need to raise dues or pass a special assessment, as all owners share in community expenses.
• Q: Where can I find more information about my HOA’s responsibilities and my rights as a homeowner?
  • A: You can start by reviewing your community’s formative documents, such as the condominium declaration, and consulting with a real estate lawyer or your HOA board.
    

    Q: We live in a 20-story condominium where every unit has one assigned spot in the garage, and we all share a large upper parking deck. Last year, the upper parking deck was deemed unsafe, resulting in the installation of shoring poles in the garage below, which blocked some assigned parking spots. The people whose spots were blocked, along with everyone who parked on the deck, have to park in the public lot next door. While our association is paying for the parking expense for the assigned spots that are blocked, everyone who used to park on the deck has had to cover the cost. Given that the parking deck is a common element, shouldn’t the association cover all off-site parking costs and reimburse those already paid? — Paul

    A: Each association is governed and controlled by its formative documents, such as the condominium declaration, which must be reviewed to determine precisely what the association’s responsibilities are in a particular community. Similarly, since each community is different both in location and structure, what is reasonable in each situation must be taken into account.

    That said, generally speaking, a parking deck is a common element of your community, and your association must act reasonably and in good faith when managing common elements and addressing related expenses. This means it must repair and maintain the common element, and is responsible for covering related expenses associated with providing and maintaining it.

    This responsibility arises from the association’s duty to maintain, repair, and replace common elements of the property. For the same reason, the association should also reimburse residents for parking expenses incurred since the parking deck became unusable.

Of course, acting reasonably depends on the situation, so your community only needs to provide for a similar amount of parking, which can be further limited by, for example, what is locally available.

Because you and your neighbors fund both the repairs and the additional parking, your association may need to raise your dues, or even pass a special assessment to cover the additional expense.

It is essential to remember that all owners share community expenses; therefore, your board is understandably trying to keep expenses to a minimum. Still, the board needs to do what it must to maintain your community, even if it means that everyone will pay more each month.

Board-certified real estate lawyer!Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.