By Robert Griswold
Question: I am living in a large apartment complex and they recently changed the parking rules to state that no more than two cars per apartment are allowed on the complex. Also, all guests are no longer allowed to park onsite - they must park out on the street even though unmarked spots are open. They are now issuing two stickers per apartment and will manage it that way.Would it be OK to ask a neighbor for one of their stickers and use it? I'm worried they would consider it a sublease and get my neighbor in trouble. Don't they have to allow onsite visitor parking? Parking on the street is far away and not safe.
Tenants' attorney Steven Kellman replies:
Most parking rules are governed by the lease contract because it covers your use of private property. Some complexes provide ample parking room, while others provide none. The landlord is generally not legally required to provide additional guest parking. The situation may change, however, if there is clearly ample parking room for visitors, but permission to use that space is being arbitrarily denied. Such overly restrictive regulations can also be seen as a deterrent to having visitors, which may then be a violation of your constitutional right to freedom of association.
As to the neighbor, the contract probably allows for each unit to be allowed up to two spaces. Using your neighbor's parking stickers may be beyond the permission granted in the rental agreement and could be seen as an improper sublease of that space as you feared. Check the rental agreement as to the specific permission for parking spaces and see how the rules are being applied. Also, check the local zoning regulations for that complex because there may be some specific ordinance or other rule or regulation that may force the landlord to loosen up that parking policy.
Property manager Robert Griswold replies:
Now that Steve has covered the legal aspects of your parking situation, let's address the practical considerations. In the last 20-plus years I have managed well over 600 rental properties and could probably count the ones with sufficient onsite parking for both residents and guests on my two hands! Parking is always a challenge, and ironically it is the worst at properties that have garages, since no one seems to actually use the garage for their vehicles but rather to store anything and everything but their vehicle. Of course, this means all of those cars are competing for the few remaining open parking spaces!
I would suggest that you contact the management office and obtain written permission to use your neighbor's parking permit. While they have the legal right to deny your request, you would avoid the unpleasant surprise of finding your car towed or your neighbor receiving a nasty legal notice threatening his/her continued tenancy.
My personal policy at properties with parking limitations is to have a policy similar to the two-car-per-apartment, but allow residents to make their own arrangements for parking stickers that they can't use. We do require that management is notified and grants written permission, since it is extremely important to accurately track the usage of each sticker to ensure that creative people don't steal or even produce and sell counterfeit parking stickers (yes, it does happen!).
When properties have a shortage of parking, the issue of guest parking may require management to establish a policy that enhances the onsite parking opportunities for residents. This may include the strict policy of very limited or even no onsite parking for guests. I believe it is much more important to offer sufficient well-located parking for paying residents than some residents that may have guests. If this is a significant problem for you, then you may be well advised to relocate to another apartment community where parking is more abundant.
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