who owns the road? october 23, 2015 prince william county neighborhood services hoa/coa leadership...

Who Owns the Road?October 23, 2015

Prince William County Neighborhood ServicesHOA/COA Leadership SeminarHeather R. Steele, Lauren Gallo

Overview

• Types of Roads & Pavement• Who owns and maintains?• How is it controlled?• How and who enforces?• Notes From the Field• Parking, & other “Political” Considerations

Single Family Lots – Public Street

• County or state main road or cul-de-sac

• Homeowner/private driveway

KeyHoleCourt

Main Street

1

2 3

4

Public RoadsCounty/State Maintained

Private DrivewayHomeowner Maintained

Private Lot

Single Family Lots - Pipestem

• County of state main road• Homeowner/private

driveway• HOA or cost-shared private

cul-de-sac /pipestem

KeyHoleCourt

Main Street

1

2 3

4


Ingress-Egress EasementHOA Maintained

Private DrivewayHomeowner Maintained Private Lot

Townhomes


Private RoadHOA Maintained


Main Street

Common Area

• County of state main road• HOA private road• Homeowner/private

driveway*

Driveways



Common Area SidewalkHOA Maintained

ApronHOA or Homeowner

Maintained

• HOA private road• Homeowner/private

driveway• HOA sidewalk• HOA or Homeowner

driveway apron

Townhome Site Map

Condo Association• County or state main

road• Condo Association

private road• Condo Association

private driveways



Main Street

Ingress-Egress EasementHOA Maintained Common Area

Condo Sitemap 1

Condo Sitemap 2

Who Owns & Maintains?

County or State Roads

• DOT for state or county• Plowing and repairs done by local

governments• Issues should be reported directly to local

government– Can report to management company for relay

Community Roads & Parking Spaces

• Homeowner / Condo Association• Plowing and repairs done by HOA• Plowing paid from annual budget• Repairs paid from reserve funds

Driveways

• Homeowner property• Shoveling and repairs completed & paid for by

homeowner• Deficiencies can be ARB violations and may be

subject to fines• Important notes:

– Sidewalks typically maintained by HOA– Aprons may be HOA or privately maintained

How is it Controlled?


• Local laws & regulations


• Association By-Laws• Parking committees• Community rule amendments

Driveways

• Homeowner• Driveway Apron

– Association• If part of street• If part of sidewalk

– Homeowner• If part of lot

How and Who Enforces?


• Local law enforcement• Community has no jurisdiction• Community members, Association or

Management can report infractions


• Community & Association– Third-party enforcement, such as towing– Withholding of parking permits– Fines & assessments

• Local law enforcement may have no jurisdiction– Varies by community and locality

Prince William County Considerations

• Towing governed by Prince William County Ordinance Sec. 13-495, et. seq.

• Applies to Associations that own parking spaces and intend to enforce parking restrictions through towing firms

• Must post signs regarding towing (Sec. 13-497) – This section specifies required size and text of signs

Prince William County Considerations, Continued…

• Association that intends to tow must have signs in place prior to towing

• Proper signage not required to remove vehicles from areas not designated as parking, or vehicles interfering with movement on the premises, but a police officer, owner or authorized agent (possibly management co.) must authorize removal

Driveways

• Homeowner– Unauthorized vehicles can be towed

• Driveway apron– Often homeowner cannot block sidewalk or

apron– Community enforcement may allow towing if

past driveway line

Property Management Concerns

• Who to contact “In Case Of…”• Regular Upkeep/Snow Removal• How to handle “other items” – e.g.

emergency repairs• Vandalism, Trash/Dumping, Graffiti• Encroaching on the Common Areas• Parking/Towing Policies

Vandalism & Graffiti

• Public roads, pavements & infrastructure– Community responsibility

• Private driveways, fences, etc…– Homeowner responsibility– May incur fines if not fixed in a timely fashion

Towing

• Community by-laws and rules dictate what is allowable

• Boards follow committee recommendation for exact policies

• Enforcement relies upon towing company and community complaints

Towable Infractions• Including, but not limited to:

– Safety violations• Blocking fire lanes• Wheels sticking out into

street (or over sidewalk)– Expired or missing parking permit– Commercial vehicle– Unauthorized driveway or assigned space parking– Car in state of disrepair

Infractions vary by

community!

Snow Removal• Community owned roads typically plowed quicker – and

better than – neighborhood public roads• Homeowner’s shovel own driveway and usually

sidewalks• Condo Associations typically plow and shovel all

pavement• Community parking spaces

shoveled at will– Putting a chair in a space

seldom works!

Parking & Politics

The “3rd Rail” of HOA Politics?

• Close correlation between Parking gripes & common pavement issues or controversies

• A Universal HOA/COA Law:– There’s never enough available or convenient

parking to satisfy every member or situation• Policy:

– Try to do the best (or least worst)!

The Political/Parking Life Cycle

• Parking policy maystart as “Laissez-Faire”

• It rarely stays that way• Always best to treat

every unit (or owner)the same

• Fair Housing Requirements

The Seven “Deadly” Parking Sins1. Parking without a permit2. Blocking sidewalk, fire

lane; “wheels in the street”

3. Overstaying time limit(s)4. Vehicle leaking fluids, or otherwise damaging the roadway

surface(s)5. Using a space for repairs, or commerce6. Chronically malfunctioning car alarm (noise)7. Appearance concerns and/or

Commercial vehicles.

Possible Solutions*• Well Communicated, Reasonable Policy• Regular, consistent enforcement of Policy

– Orange warning stickers work well with towing• Assigned parking, permits, fines

– Withhold permits for delinquencies, etc.• Parking auction/purchase spaces• Metered parking or gates

* some solutions may be controversial

who owns the road? october 23, 2015 prince william county neighborhood services hoa/coa leadership...

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