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Single Family Lots – Public Street County or state main road or cul-de-sac Homeowner/private driveway
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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
Public RoadsCounty/State Maintained
Ingress-Egress EasementHOA Maintained
Private DrivewayHomeowner Maintained Private Lot
Townhomes
Public RoadsCounty/State Maintained
Private RoadHOA Maintained
Private DrivewayHomeowner Maintained
Main Street
Common Area
• County of state main road• HOA private road• Homeowner/private
driveway*
Driveways
Private RoadHOA Maintained
Private DrivewayHomeowner Maintained
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
Public RoadsCounty/State Maintained
Private RoadHOA Maintained
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?
County or State Roads
• Local laws & regulations
Community Roads & Parking Spaces
• 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?
County or State Roads
• Local law enforcement• Community has no jurisdiction• Community members, Association or
Management can report infractions
Community Roads & Parking Spaces
• 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
Q & A