Who Owns the Road? October 23, 2015 Prince William County Neighborhood Services HOA/COA Leadership Seminar Heather 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

Single Family Lots - Pipestem County of state main road Homeowner/private driveway HOA or cost-shared private cul-de-sac /pipestem

Townhomes County of state main road HOA private road Homeowner/private driveway*

Driveways 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

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 , et. seq. Applies to Associations that own parking spaces and intend to enforce parking restrictions through towing firms Must post signs regarding towing (Sec ) – 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 “3 rd 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 may start 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 Sins 1.Parking without a permit 2.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 commerce 6.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