How to handle owners using guest parking spaces
Q. I serve on our condominium association board. We have a problem with owners of units with a one-car garage who have two cars. They have a tendency to park one of their cars in a guest parking space, either because their garage is filled with personal property, or because they park one car in the garage and it is inconvenient to move a car from their driveway to get a car out of the garage. We do not want to tow vehicles because of the unsightly required signage. What can our association do to address this misuse of the guest parking spaces?
A. The board needs to adopt specific and detailed rules concerning the use of the guest parking spaces. The rules should indicate that the parking spaces at issue are for use by guests of residents and not for use by residents. Owners may be required to “register” their vehicles with the association, so that the association can more easily identify the owner of a vehicle parked in violation of the rules. The rules should also include a significant fine for violation of the guest parking rules, and should provide for escalating fines for repeat violations, and a daily fine for a violation of a continuing nature. The prospect of a fine should deter residents from parking in guest parking.
Any resident that witnesses another resident parking in violation of the rules should make a written complaint with the association, including the appropriate details (who was driving the vehicle, what they saw, identify the vehicle, where this occurred, when this occurred, and take a picture if possible). Then, when a violation is reported, the board can levy a fine, after it has issued the offending resident written notice of the violation and an opportunity for a hearing.
You mention towing vehicles. Towing of resident vehicles for a violation of a parking rule is not necessarily permitted without first providing the resident with written notice of the violation and an opportunity for a hearing. That said, it could be appropriate to tow a vehicle, without such notice/hearing, if the vehicle is blocking traffic or is parked in a fire lane for example. And, as you mention, appropriate signage generally needs to be displayed where vehicles may be towed. Moreover, an association can enter into an agreement with the local municipality to permit law enforcement to issue citations for violation of association parking rules.
Q. I live in a townhouse association. No one at the board meetings is taking minutes and minutes of board meetings are not prepared or maintained. Is a townhouse association required to maintain minutes of board meetings?
A. Yes — The Illinois Common Interest Community Association Act (commonly known as “CICAA) requires virtually all townhouse association boards to prepare and maintain board meeting minutes.
Moreover, it is fundamental corporate law that board action be memorialized in minutes of its meetings. The failure of the board to prepare and maintain minutes exposes the board and association to liability and is a breach of the board members’ fiduciary duty. The statutes that govern Illinois condominium, townhouse, homeowner associations and other common interest community associations require minutes of board meetings to be available for inspection and copying by owners.
• Matthew Moodhe is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.