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Pets & parking

How do we run an RV and boat storage lot on HOA common area?

By OurHOA · General information · Revised

How an HOA board runs an RV and boat storage lot: authority, a license agreement instead of a lease, the waitlist, insurance proof, fees, taxes and abandoned units.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

Run the lot like a small business with one written rulebook. Confirm the governing documents and state law let the board license common area and charge for it. Put every space under a signed license agreement, not a lease. Keep a dated waitlist by space size. Collect current registration and insurance every year, and set a fee that covers the real cost of the lot. Most important, write the default and removal steps before the first unit rolls in, because the hard part of a storage lot is the trailer nobody has paid for in eight months. Our guide on whether an HOA can restrict RV, boat and trailer parking covers the owner side. This guide covers the board's job of running the lot. Rules differ by state and by your declaration, so treat this as education and have the association's attorney review the agreement before you use it.

Confirm the board can license spaces and charge for them

Read the declaration, articles and bylaws first, because each statute below gives way to them. In a Texas condominium, Property Code section 82.102(a) lets the board regulate use of the condominium in (6), grant leases, licenses and concessions over the common elements in (10), and charge fees for their use or rental in (11). For subdivisions covered by Property Code chapter 204, section 204.010(a)(8) and (9) say the same about common area, but chapter 204 reaches only subdivisions in the largest counties and some neighbors listed in section 204.002, so many Texas HOAs rely on the declaration alone. In Colorado, C.R.S. 38-33.3-302(1)(i) and (j) grant the same license and fee powers, subject to the declaration. Florida's chapter 720 has no matching clause; section 720.302(5) points to the corporate statutes, and section 617.0302(8) lets a nonprofit corporation lease and use its property unless the articles or bylaws say otherwise. A Florida condominium must also clear section 718.111(4), which bars use fees for common elements unless the declaration or a majority vote of owners allows them, with an exception for charges tied to an owner's exclusive use. Then call the city. Zoning, fire lane and screening rules can apply to an outdoor storage yard even on private land.

Use a license agreement, not a lease

A lease transfers a right to possess property for a term. A license is permission to use it on stated conditions, and the association can end it on notice. That difference matters when someone stops paying. The Texas, Florida and Colorado self-storage lien acts (Property Code chapter 59, Fla. Stat. 83.801 to 83.809 and C.R.S. 38-21.5) give a facility owner a lien and a sale process, but only for arrangements that fit their definitions. Texas section 59.001(3), for example, covers property rented for storage that is 'cared for and controlled by the tenant.' Whether a fenced HOA lot fits any of these acts is a question for counsel, so write the agreement so the board never has to rely on them. Texas Occupations Code chapter 2303 requires a license to operate a vehicle storage facility, but section 2303.003(a) says the chapter does not apply to a vehicle parked with its owner's consent, which describes a member-only lot. The agreement should name the space number, the unit by make, model, length and plate or hull number, the term (one year is easy to manage), the fee and due date, insurance and registration duties, a release of the association for theft, weather and vandalism, the rules sheet, and what happens on default.

Run the waitlist by space size

Keep one waitlist the whole board can see, with the date each household applied and the unit's full length including the tongue or hitch. Once the lot fills, size matters more than order: a 40-foot fifth wheel cannot use a space striped for a jet ski trailer. Keep separate lists by space class, such as up to 20 feet, 21 to 30 feet and over 30 feet, and offer each open space to the first household on the matching list. Put three rules on the application: one space per household while anyone is waiting, no trading or subletting, and the space returns to the association when the owner sells, even if the buyer keeps the boat. Make offers by email with a seven-day deadline to sign and pay, then move to the next name.

Registration, insurance and lot rules

Ask for three documents at signing and at every renewal: current registration in the licensee's name, proof of liability insurance on the unit, and a signed rules sheet. Registration proves the unit belongs to a resident and gives you the name a tow operator or sheriff will need later. Insurance matters because a stored unit can still burn, leak fuel or roll into the space next to it. The rules sheet should cover the points that cause most complaints. No living or sleeping in units. No fueling, oil changes or repairs beyond a battery swap. Propane valves closed. Tires inflated and units able to move under their own power or on their own trailer. Wheel chocks on every trailer. No storing loose items between units. Gate codes kept private. Walk the lot once a quarter with the rules sheet and a phone camera, and photograph each space so condition disputes have a record.

Set the fee and handle the taxes

Price the lot to cover what it costs: insurance on the lot, gate and camera upkeep, lighting, gravel or asphalt repairs, a reserve line for resurfacing and fence replacement, and the time someone spends on paperwork. Keep the lot in its own budget line so owners without an RV can see they are not paying for it. For federal tax, the IRS instructions for Form 1120-H treat membership dues, fees and assessments from owners as exempt function income; ask your CPA how to report a fee paid by a tenant or anyone outside the community. Sales tax is the trap. Texas Tax Code section 151.0101(a)(4) lists motor vehicle parking and storage services as taxable, and we found no exemption for associations in that chapter or in the Comptroller's parking and storage rule. Florida section 212.03(6) taxes rentals of parking or storage spaces for motor vehicles in lots and of boat storage in docks or marinas. Whether a boat on a trailer or a towed camper counts depends on how the state defines the item, so ask your CPA or the state revenue agency before you start collecting. In Colorado, ask about city tax too, because home-rule cities write their own sales tax codes.

Unpaid fees and abandoned units

Write the default steps into the agreement and follow them in order. On day 1 after a missed due date, send a reminder. On day 15, send a written notice that the license will end on a stated date, at least 30 days out, unless the account is paid. When the license ends, the unit is on association property without permission, and the board removes it the way it would remove any unauthorized vehicle under state towing law. In Texas, Occupations Code section 2308.252 allows removal from property governed by a property owners' association when compliant tow signs have been posted for 24 hours or the owner received notice, and section 2308.002 counts recreational vehicles and trailers as vehicles. Florida section 715.07 covers vehicles and vessels on private property, including trailers, and requires tow-away signs posted at least 24 hours before towing. Colorado C.R.S. 42-4-2103 lets a property owner have an abandoned motor vehicle towed, and the operator notifies law enforcement within 30 minutes. The parking enforcement and towing policy in our handbook covers the sign and contract details. Never sell a unit, and never treat it as the association's property, without the attorney's written advice.

Wording the board can copy and a launch timeline

Motion: 'I move that the board adopt the RV and Boat Storage Lot Rules and License Agreement presented today, set the annual fee at $___ per space by size class, open the waitlist on [date], and direct the secretary to keep the waitlist and signed agreements in the association's records.' Default clause for the agreement: 'If any fee is more than 30 days past due, or the licensee breaks these rules and does not fix the problem within 10 days after written notice, the association may end this license by written notice. The licensee must remove the unit by the date in the notice. After that date, the unit is on association property without permission and may be towed at the owner's expense under state law.' Timeline: month 1, confirm authority and zoning and get counsel's review of the agreement. Month 2, survey owners for demand by unit size and stripe the spaces to match. Month 3, adopt the rules at a noticed meeting and open the waitlist. Month 4, collect signed agreements and documents and hand out gate codes. Every January, renew agreements, recheck insurance and registration, and adjust the fee.

Mistakes boards make

Letting a long-time resident keep a space on a handshake, which leaves no paper to end the arrangement when the trailer stops moving. Signing a 'lease' form from the internet that gives the licensee more rights than the board meant to grant. Skipping the annual registration check, then discovering the registered owner moved away two years ago. Pricing the lot so low that every owner subsidizes the 15 who use it. Letting directors with units in the lot vote on the fee without disclosing the conflict. Towing before the license has ended in writing. Ignoring a unit that is leaking fluids because nobody wants the fight; the cleanup bill lands on the association.

Sources

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.

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