Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership...
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Transcript of Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership...
![Page 1: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/1.jpg)
Who Owns the Road?October 23, 2015
Prince William County Neighborhood ServicesHOA/COA Leadership SeminarHeather R. Steele, Lauren Gallo
![Page 2: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/2.jpg)
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
![Page 3: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/3.jpg)
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
![Page 4: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/4.jpg)
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
![Page 5: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/5.jpg)
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*
![Page 6: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/6.jpg)
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
![Page 7: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/7.jpg)
Townhome Site Map
![Page 8: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/8.jpg)
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
![Page 9: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/9.jpg)
Condo Sitemap 1
![Page 10: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/10.jpg)
Condo Sitemap 2
![Page 11: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/11.jpg)
Who Owns & Maintains?
![Page 12: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/12.jpg)
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
![Page 13: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/13.jpg)
Community Roads & Parking Spaces
• Homeowner / Condo Association• Plowing and repairs done by HOA• Plowing paid from annual budget• Repairs paid from reserve funds
![Page 14: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/14.jpg)
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
![Page 15: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/15.jpg)
How is it Controlled?
![Page 16: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/16.jpg)
County or State Roads
• Local laws & regulations
![Page 17: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/17.jpg)
Community Roads & Parking Spaces
• Association By-Laws• Parking committees• Community rule amendments
![Page 18: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/18.jpg)
Driveways
• Homeowner• Driveway Apron
– Association• If part of street• If part of sidewalk
– Homeowner• If part of lot
![Page 19: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/19.jpg)
How and Who Enforces?
![Page 20: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/20.jpg)
County or State Roads
• Local law enforcement• Community has no jurisdiction• Community members, Association or
Management can report infractions
![Page 21: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/21.jpg)
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
![Page 22: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/22.jpg)
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
![Page 23: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/23.jpg)
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
![Page 24: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/24.jpg)
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
![Page 25: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/25.jpg)
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
![Page 26: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/26.jpg)
Vandalism & Graffiti
• Public roads, pavements & infrastructure– Community responsibility
• Private driveways, fences, etc…– Homeowner responsibility– May incur fines if not fixed in a timely fashion
![Page 27: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/27.jpg)
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
![Page 28: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/28.jpg)
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!
![Page 29: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/29.jpg)
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!
![Page 30: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/30.jpg)
Parking & Politics
![Page 31: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/31.jpg)
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)!
![Page 32: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/32.jpg)
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
![Page 33: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/33.jpg)
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.
![Page 34: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/34.jpg)
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
![Page 35: Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather R. Steele, Lauren Gallo.](https://reader030.fdocuments.in/reader030/viewer/2022012917/5a4d1b8e7f8b9ab0599bfed9/html5/thumbnails/35.jpg)
Q & A