How do we add guest parking spaces on HOA common area?
By OurHOA · General information · Revised
How an HOA board adds guest parking on common area: proving the need, owner votes, drainage and city permits, paving bids, space rules, and a sample motion.
Part of the HOA board handbook: vendors, projects and upkeep.
The short answer
Adding guest parking means turning grass or open space into pavement, so treat it as a capital project, not a maintenance job. Prove the shortage first with a count. Then read the declaration and plat to see whether the land can be paved and whether owners must vote. Hire a civil engineer or site designer to lay out the spaces and handle drainage, because paving changes where rainwater goes and often needs a city site or stormwater permit. Get bids against the engineer's drawings, decide in an open meeting, and write the rules for the new spaces before the striping crew shows up. Expect the whole process to take six months to a year. The rules vary by state and by your governing documents, and this guide is general education, not legal advice.
Count the cars before you pave the grass
Complaints about parking are loud, and a board can pay for a new lot to fix a problem that a towing rule would have solved. Before anything else, count. Pick four times when guests visit: a weekday evening, a Friday night, a Saturday afternoon and a holiday weekend. Walk the community and write down how many cars are parked in each existing guest area, along the streets, and on the grass. Note any car that sits in the same guest space for days, because a resident storing a third vehicle is a rules problem, not a capacity problem. Send a one-question survey too. If the counts show the existing spaces full at most of those times, and the survey shows owners would rather pay for spaces than keep the open lawn, you have a project. If the counts show a few long-term parkers filling the lot, start with enforcement and recount in three months.
Check what the documents and state law require
Start with the recorded plat and the declaration. Some plats label a tract as open space, a greenbelt or a drainage easement, and some declarations restrict how common area can be used or require an owner vote to change it. If the land is a drainage tract, you may not be able to pave it at all without the city's permission. State law adds a layer. In Colorado, CCIOA section 38-33.3-302(1)(f) and (g) lets the association regulate the modification of common elements and cause additional improvements to be made, subject to the declaration. Section 38-33.3-312 requires a 67 percent vote only to convey common elements or subject them to a security interest. Paving land the association keeps does not trigger it, but a bank loan secured by common area would. In Florida, chapter 720 has no general owner-vote rule for altering HOA common areas, so the declaration controls. Florida condominiums are different: section 718.113(2)(a) bars material alterations or substantial additions to the common elements unless the declaration allows them, and if it is silent, 75 percent of the total voting interests must approve. In Texas, section 209.0051(h) of the Property Code says the board may vote on the construction of new capital improvements, and on special assessments, only in an open meeting with notice to owners. A new parking area is a new improvement, not a repair, so it falls under that rule.
Drainage, impervious cover and city permits
The EPA's runoff guidance says pavement keeps rain from soaking into the ground and greatly increases the volume and speed of stormwater runoff. That water has to go somewhere, and the neighbor whose yard floods after the new lot goes in will call the board first. A site designer or civil engineer should check the slope, where the water will drain, and whether the community's detention pond was sized with this area counted as grass. Most cities require a site development or grading permit for new parking, and many cap impervious cover per lot or per subdivision. Call the city's development services office with the plat in hand before you pay for drawings. Florida adds a state layer. Under Florida Administrative Code rule 62-330.020(2), an environmental resource permit is required for projects that cumulatively add more than 4,000 square feet of impervious or semi-impervious surface subject to vehicle traffic, or more than 9,000 square feet in total, unless an exemption or general permit applies. A row of a dozen spaces with its drive aisle can reach 4,000 square feet. Nationally, a federal construction stormwater permit applies to projects that disturb an acre or more, which a small guest lot rarely does.
Decide who gets the spaces
Write the rules before the spaces exist, or the first residents to notice will treat them as their own. Pick one model. Open guest spaces are first come, first served, with a time limit such as 48 hours and a ban on residents parking there overnight. Permit spaces need a guest pass or a dashboard tag, which helps enforcement but means someone has to issue passes. Assigned spaces, sold or rented to particular owners, raise income but stop serving guests, and in some states they can count as a lease or license of common area, which your documents may limit. Colorado's 38-33.3-302(1)(i) and (j) allow licenses over common elements and fees for their use. Post the rules on signs at the lot, and if you plan to tow, follow your state's towing law. In Texas, Occupations Code section 2308.002 counts parking areas controlled by a property owners association as a parking facility, so the state's towing rules reach your new lot. Texas section 209.006(i) also treats a parking violation as a curable violation, so the owner gets a chance to fix it before a fine. Our guide on writing an HOA parking enforcement and towing policy covers notices, signs and tow contracts.
Pay for it and get bids
Get the engineer's drawings and a rough cost first, then decide how to pay. Guest parking is new construction, so it rarely belongs in the reserve fund, which was built to replace what already exists. The usual choices are a special assessment, an operating surplus, or a loan. Texas section 209.002(12) lists construction of a capital improvement in common areas among the things a special assessment can fund. Check your declaration for a cap on special assessments or a vote requirement before you set the amount. Send the same drawings to at least three paving contractors and ask each to price the base, asphalt or concrete, curbs, striping, signs and any drainage work as separate lines. Once the lot is built, add it to the reserve study, because asphalt needs sealcoat and eventually replacement. Our guide on restriping an HOA parking lot and marking accessible spaces covers layout, paint and signs.
Sample timeline, survey question and motion
Month 1: count cars at four peak times and send the survey. Month 2: read the plat and declaration, call the city, and decide whether a vote is needed. Month 3: hire the engineer for a layout and cost estimate. Month 4: hold an owner meeting to show the drawing and cost, and run the owner vote if your documents require one. Month 5: city permit application and bids. Month 6: board vote in an open meeting and contract. Build in the dry season, then post rules and signs the week the lot opens. A survey question owners can answer in ten seconds: 'The board is considering adding about eight guest parking spaces on the open lawn near the mailboxes, at an estimated cost of $X per home as a one-time assessment. Would you support this? Yes / No / I would support it only if the cost were lower.' A motion the board can adapt: 'I move that the association contract with [contractor] to build [number] guest parking spaces on common area tract [letter] for $[amount] per the engineer's drawings dated [date], funded by a special assessment of $[amount] per lot due [date], contingent on issuance of the city site permit.'
Mistakes boards make
The common ones: paving a drainage tract or easement without checking the plat; skipping the engineer and finding out in the first storm that the water now runs into three backyards; voting on construction at a workshop or by email when state law or the bylaws require an open meeting; building the spaces first and fighting about who owns them afterward; letting one director's street get the new spaces without a written reason tied to the parking counts; forgetting to add the new asphalt to the reserve study; and taking the lowest bid when it leaves out the base course or the drainage work. Keep the counts, survey results, engineer's report, permit and bids in one project file. If an owner challenges the project later, that file shows the board decided on facts.
Sources
- Colorado Revised Statutes title 38 (CCIOA 38-33.3-302 and 38-33.3-312)
- Florida Statutes 718.113: maintenance and alteration of condominium common elements
- Texas Property Code chapter 209: residential property owners protection act
- Texas Occupations Code chapter 2308: vehicle towing and booting
- Florida Administrative Code rule 62-330.020: environmental resource permit thresholds
- EPA: urban runoff and low impact development
- EPA: stormwater discharges from construction activities
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.
More from the board handbook
- How do we write an HOA request for proposal and compare contractor bids?
- What should an HOA board check in a vendor contract before signing it?
- How do we read a vendor's certificate of insurance (ACORD 25) before work starts?
- What should go in an HOA board's emergency preparedness plan?
- How do we plan a major HOA project like a roof replacement or repaving?
- What should be on an HOA preventive maintenance schedule, season by season?
- How do we write clear HOA architectural guidelines from our CC&Rs?
- How should an HOA board inspect its playground and pool for safety hazards?
- How should an HOA board choose an insurance agent and read the renewal quote?
- How should an HOA board prepare for a reserve study site visit?
- How do we set up a key, fob and gate code policy for our HOA's amenities?
- How do we write an HOA snow removal contract?
- How do we plan a tree maintenance program for our HOA's common areas?
- How does an HOA board get the community pool ready to open for the season?
- How do we run an HOA volunteer work day without taking on too much risk?
- What should an HOA board do when a vendor is not doing the work it was hired to do?
- How do we replace the cluster mailboxes in our HOA?
- How do we cut our HOA's common area water bill with an irrigation audit?
- How do we replace our HOA's entrance monument sign?
- How do we set up pet waste stations and a dog area in our HOA?
- How do we handle an HOA insurance claim after a storm, step by step?
- How do we hire a landscaping contractor for our HOA and write the scope?
- How do we set up security cameras in our HOA's common areas?
- What should our HOA board do and write down after someone is hurt in a common area?
- How do we set up a maintenance schedule for our HOA retention or detention pond?
- What should our HOA board do when a sinkhole or ground collapse opens in the common area?
- How do we convert our HOA streetlights to LED?
- How do we plan a repaving and sealcoat program for our HOA's private streets?
- How does an HOA board bid out trash and recycling service for the community?
- How do we plan an HOA pool resurfacing or replaster project?
- How do we set up a termite and pest control contract for our HOA?
- How do we replace our HOA's perimeter fence or screening wall?
- How do we maintain and repair our HOA's automatic entry gate?
- How does an HOA board run a sidewalk trip hazard repair program?
- How do we set up an annual backflow testing program for our HOA's irrigation?
- How do we plan an exterior repainting project for our HOA's townhomes or buildings?
- How does an HOA board plan a playground equipment replacement?
- How do we plan an HOA clubhouse renovation?
- How do we set up a mosquito control program for our HOA?
- How do we run an HOA storm debris cleanup after a hurricane or hail storm?
- How do we plan an HOA tennis court resurfacing and decide whether to add pickleball lines?
- How do we set up a wildfire defensible space program for our HOA's common areas?
- How do we run a bulk trash or dumpster day for our HOA?
- How do we inspect and repair a retaining wall our HOA maintains?
- How do we schedule fire extinguisher and fire alarm inspections for our HOA?
- How do we winterize HOA irrigation and keep common-area pipes from freezing?
- How do we fix standing water and drainage problems in our HOA common areas?
- How does an HOA run a dryer vent cleaning program for condos and townhomes?
- How do we hire a contractor to put up holiday lights at the HOA entrance?
- How do we bid janitorial service for the HOA clubhouse and pool restrooms?
- What should our HOA board do when water leaks from a common element into a unit?
- What should an HOA board do when a contractor files a lien on common area?
- How do we hire a reserve study company for our HOA?
- How do we replace or add a fountain or aerator in our HOA pond?
- How do we set up an AED program for our HOA clubhouse or pool?
- How do we replace the fence and gates around our HOA pool?
- How do we add EV chargers to HOA common area parking?
- What should our HOA board do when sewage backs up from a common sewer line?
- How do we replace the pump or heater on our HOA pool?
- What should our HOA board do about a gas leak at the clubhouse or pool heater?
- How do we replace the pool furniture at our HOA pool?
- How do we hire a pressure washing contractor for our HOA common areas?
- How do we replace the heating and air conditioning system in our HOA clubhouse?
- How do we plan a dredging project for our HOA's stormwater or retention pond?
- How do we close out an HOA construction project and release retainage?
- How do we hire a roofer to replace an HOA clubhouse or condo building roof?
- How do we replace the concrete or pavers on our HOA pool deck?
- How do we hire a land surveyor to mark our HOA's common area boundaries?
- How do we hire a gutter cleaning contractor for our HOA condo or townhome buildings?
- How do we hire a window washing contractor for our HOA condo buildings?
- How do we run a chimney and fireplace inspection program for our HOA condo buildings?
- How do we plan a siding replacement for our HOA's condo or townhome buildings?
- How do we replace the exterior stairs on our HOA condo buildings?
- How do we replace failed sealant and caulking on our HOA buildings?
- How do we hire an elevator maintenance contractor for our HOA building?
- How do we repair cracked stucco on our HOA's condo or townhome buildings?
- How do we replace the balcony railings on our HOA condo buildings?
- How do we repair the concrete deck in our HOA parking garage?
- How do we repair an eroding pond bank in our HOA?
- How do we replace the hallway carpet or flooring in our condo building?
- How should our HOA board handle a bed bug report in a condo building?
- How do we replace a failing stormwater outlet structure or culvert in our HOA?
- How should an HOA board handle a state dam safety inspection of its pond embankment?
- How do we replace the pump station that irrigates our HOA common areas from a lake or pond?
- How do we replace a failing sewer lift station pump in our HOA?
- How does an HOA board run its own community water system?
- How do we maintain a shared septic system our HOA owns?
- What should our HOA board do when mold shows up in a common area?
- A utility or fiber company wants an easement across our HOA common area. How should the board respond?
- How do we negotiate a bulk internet or cable agreement for our HOA?
- How do we restripe our HOA parking lot and mark accessible parking spaces correctly?
- How does an HOA get a driver to pay for damage to a gate, wall or other common property?
- What should an HOA board do when a contractor abandons a project?
- What should our HOA board do about vandalism or graffiti on common property?
- How should an HOA board respond when the city cites the association for a code violation on common property?
- How do we add speed humps or other traffic calming on our private HOA streets?
- How do we maintain and test our HOA's emergency generator?
- How do we replace the windows in our condo building, and who pays for them?
- What should our HOA board do about fire ants, wasp nests or a bee swarm on common area?
- How do we replace the fire alarm panel in our HOA building?
- How does an HOA board stop trespassers from using the pool or clubhouse?
- How should an HOA board respond to coyote sightings or aggressive wildlife?
- How should an HOA board handle a homeless encampment on common area?
- How do we ask the city or county to take over our HOA's private streets?
- How do we convert our HOA's common area grass to water-wise landscaping?
- How does an HOA board add package lockers for residents?
- What should an HOA board do when the master insurance policy is not renewed?
- A utility or cable crew is digging on our HOA common area and nobody told us. What should the board do?
- How do we sell or get rid of old HOA equipment and furniture?
- How do we hire a lifeguard or pool attendant company for our HOA pool?
- How do we replace the street name and stop signs on our HOA's private streets?
- What should our HOA board do when a water main breaks on HOA property?
- How does an HOA board permanently close and fill in the community pool?
- What should our HOA board do when an owner refuses to let us into a unit for a repair?
- A dog bit someone on our HOA common area. What should the board do?
- How do we remove an abandoned or inoperable car from HOA common area?
- How do we repair or replace the trash chute in our HOA condo building?
- How do we set up and maintain an HOA fitness room so it stays safe and usable?
- How do we run a shred day for our HOA, and can we add hazardous waste collection?
- How do we control who goes on the roof of our HOA condo building?
- How do we remove a dead or dangerous tree on our HOA's common area?
- What should an HOA board do in the first 30 days after a fire in a condo building?
- How do we run an RV and boat storage lot on HOA common area?
- How do we run a water leak prevention program in our condo building?
- What should our HOA board do when the city puts drought watering restrictions in place?
- How do we plan an elevator modernization for our HOA building?
- A carrier wants to put a cell tower on our HOA common area. How should the board evaluate the lease offer?
- How do we get our HOA records back from a former management company?
- What should an HOA board do when its contractor damages an owner's home?
- What should an HOA board do when the health department closes the community pool?
- What should an HOA board do when an owner harasses its vendors or contractors?
- Our HOA's insurer sent a reservation of rights letter. What does it mean and what should the board do?
- An owner wants an EV charger in their condo garage or parking space. How should our board handle it?
- An owner's insurance company sent our HOA a subrogation demand. How should the board respond?
- An owner says an HOA gate, tree or pothole damaged their car. How should the board handle the claim?
- How does a condo board collect proof of HO-6 insurance from every owner each year?
- How do we set up a cost-sharing agreement with a neighboring HOA for a shared road, gate or amenity?
- How much should an HOA pay a contractor up front, and what do we do when they ask for half?
- How do we get the developer to deed the common area to the HOA when it was never conveyed?
- What do we do when a grave or an old family cemetery is found on HOA common area?
- Should our HOA let an owner build a private dock on the community lake or pond?
- What should our HOA do when a neighboring developer wants to drain stormwater into our detention pond?
- What should our HOA board do when the city wants to connect a public road through our neighborhood?
- How do we stop people from illegally dumping on our HOA common area?
- How do we hire a drone pilot to inspect HOA roofs or help with a reserve study?
- What should the board do when the power company wants to trim or remove trees on HOA common area?
- What should our HOA board do when a utility transformer or pedestal on common area is hit, open or leaking?
- How should our HOA board respond to a wave of car break-ins in the neighborhood?
- An owner says an HOA streetlight shines into their bedroom. What should the board do?