For those looking to move into a condo, there are myriad factors that come into play while searching for the best—and most efficient—place to live. Of course, location, size, and safety are always a concern. Amenities attract home seekers, as well, with fitness centers, pools, and media rooms having an increasing appeal on prospective residents.

Parking is another such attribute that can prove a highly in-demand commodity. After all, residents who own cars in both cities and suburbs understand the various parking challenges that can come with owning property. In urban areas, the drama involved in simply finding a space is enough (and costs enough) to make one want to send his or her vehicle careening off the Pulaski Skyway.

Condo properties that offer a parking facility alleviate headaches, guaranteeing residents a place to park their vehicles. Regardless of whether the facility is underneath the building or adjacent to it, there’s more to running a parking garage than just painting some stripes on the pavement and watching cash roll in. Management, allocation of spaces, and security are just a few of the considerations.

Parking Prohibition

Unlike in New York City, where the subway system and various other infrastructure concerns require a very specific set of parking-related rules and regulations to remain in place, New Jersey has limited legislation that governs how an association can approach parking issues. Stephen B. Kotzas, a partner with the law firm of Berry, Sahradnik, Kotzas & Benson in Toms River, explains that, should parking issues prove relevant to a particular association, then they need to be governed by that community's bylaws.

That said, there are specific laws that pertain to towing regulations, and these have an obvious bearing on parking situations. Donna Shahrabani, a partner at the law firm of Buckalew Frizzell & Crevina LLP in Glen Rock, specifically points to The New Jersey Predatory Towing Prevention Act from 2007 as an influential statute.

"The act was passed in 2007 in response to reports of unscrupulous tow operators randomly towing vehicles from public streets and private property, leaving vehicle owners without information as to the location of the vehicle and subjecting those owners to outrageous towing and storage fees once the owner sought to liberate the vehicle," explains Shahrabani. "The basic structure established by the act was to try to ensure that vehicle operators had notice, through required signage, of potential towing due to improper parking and information on how to retrieve the towed vehicle; the act also seeks to ensure that the property owner authorizes the tow and that tow operators only respond when authorized by the property owner, and that they charged reasonable rates."

And, in 2009, continues Shahrabani, “the act was amended to make a number of material changes,” some of which are notable for condominium and other residential housing complexes.

"The amendments created an exemption to the signage requirement for residential communities with assigned parking for its residents, allowing for a simpler sign to serve the purpose of giving notice to vehicle operators of the consequences (towing or immobilization) of improperly parked vehicles," she says.

An association should be well-versed in this type of legislation when considering an overall parking plan for its residents. Proper knowledge of its residents' rights under state law is essential if residents are in turn to be knowledgeable of where they can and cannot park, and what consequences await them should they violate the rules.

On the Spot Management

Outside of various legalities, there is a wealth of concerns that an association or property manager must take into account when attempting to fairly implement parking rules. According to Scott Dalley, senior vice president and chief operating officer of Access Property Management, based in Flemington, aspects to consider include parking rights and assignations, visitor parking, use of parking lots general rules, commercial vehicles, prohibited vehicles, enforcement, liability, security and maintenance.

Thomas Chilenski, CMCA, president of Cedarcrest Property Management, Inc. in Fairfield, decries the importance of having everyone who is allowed to park within a structure or area register their respective vehicles with their management company, which should in turn provide a piece of identification—be that a sticker, tag or other marker—to prove that said car belongs there. This can greatly cut down on conflict, confusion and liability disputes.

Financial concerns, as always, play a part as well. "Residents in certain areas are very used to paying for parking and consider the convenience, safety, and protection of their vehicles to be a worthwhile expense," says Dalley. "Whether or not the cost may become exorbitant is a matter of context. For example, I recently read of a new condo building in Manhattan, where single parking spaces in the underground garage were in excess of $100,000, annually. But note that the condominiums in that particular building were priced in excess of $10,000,000 each."

Chilenski notes that the policy and fees for parking are often set in place when a property is opened, or they are later set and revised by the board. "As all condos and HOAs are supposed to be non-profit organizations, the proper thing to do is set owners' fees to appropriately match the expenses needed to operate the parking facility," he says.

Local statutes can vary depending on the community so associations should always be aware of those that pertain directly to its impending decisions, and act accordingly. Dalley points out that there is likely to be a requirement for an association to provide a certain number of handicapped accessible spots, and, depending on the type of structure, ADA-compliant elevators, doorways, ramps, etc.

Central (to) Park(ing)

There are a host of site-specific problems and issues that may arise even after a parking area or facility is designated, fees are assigned properly and appropriate signage is in place. Boards should try to anticipate as many of these issues as they can in the early going, as best to tackle them head-on down the road.

Chilenski recommends that residents should be able to opt out if they are unable to use a parking space, unless in case of a "purchasing parking lot," which is owned by the association. In that case, wherein the parking area is under common ownership, everyone is required to buy in, as should be stated clearly in the by-laws.

Dalley warns against interlopers. "Especially in areas where parking spaces are at a premium, you will encounter all kinds of people trying to park in a lot or structure that may be restricted to residents/guests/service providers for a particular building or community," he says. "A resident paying $250 per month for a parking space will not be happy to come home and find someone parked in a reserved space."

Also, proper maintenance is imperative, as Dalley continues. "Residents will not be happy if the elevator in the parking garage is not working, or if the lights are burnt out or in disrepair,” he says. “Management has to treat the parking garage just as it would any other integral part of a building."

Parks and Communication

Parking is clearly an issue that affects an entire community, in one way or another, and reverberates to those residents who may not even own vehicles. So it stands to reason that the opinions of the masses should be taken into consideration when implementing or refining a system.

"Every unit in a condominium property should get at least one spot," says Chilenski. "Then it's up to the board to figure out how to divvy out the remainder, depending on the percentage left or available." Sometimes, the least contestable way to do this is to reserve the empty spaces strictly for visitors or contractors.

He also trumpets the importance of clear, concise language: "Post the proper signage, and make sure all conversation is transparent. If you post multiple notices, email blasts, letters, signs…make sure that everyone is aware of the current policy or any change thereof, and give them ample time to confirm, follow up, and implement said change, thereby eliminating—or at least minimizing—potential issues."

According to Dalley, most communities where parking is at a premium already have parking structures in place, as alternative parking can be near-impossible to find. However, in the less common situation where a community seeks to acquire a parking structure or lot adjacent to, or nearby its vicinity, there are some issues to consider.

"First, do the community's governing documents allow for the expenditure to acquire/purchase/lease the lot or structure? If they do, it will usually require a vote of the membership with at least a majority, if not a super-majority of votes in favor. Then, you'll need to tackle the aforementioned situation as to whether residents can opt out, or if the expense will be a mandatory one that is shared equally or proportionally, depending on how the expenses are allocated, " he says.

"Negotiating all of this will not be easy, and is not a job exclusively reserved for management," Dalley concludes. "The governing board in the community should appoint a committee of residents to study the issue and give advice on the process, and, of course, involve legal counsel to advise them of any pertinent issues that may arise."

Per anything involving a large body of people with different yet intersecting interests, settling on an ideal condominium parking operation can be a breeze or an ordeal, depending on the set of variables involved. But by committing to a well-planned and transparent strategy that promotes the best interests of the entire community over those of a few, a board can see to it that drivers get to and from their cars with ease, thereby avoiding any post- (or pre-) road rage from angry residents.    

Mike Odenthal is a staff writer at The New Jersey Cooperator. Freelance writer Keith Loria contributed to this article.