My association has several rules that regulate where and what type of vehicles may park within the community. The rules prohibit homeowners from leaving vehicles in their driveways or parking a commer

SB 100 and SB 89 only impacts an association’s parking rules and regulations to the extent that they affect the ability of an owner or unit occupant to park an emergency vehicle in the unit’s driveway or the association’s streets and guest parking spaces when all of the following criteria are met: 1) the unit owner or occupant is required by his or her employer to have the vehicle at his or her residence during designated times; 2) the vehicle weighs 10,000 lbs or less; 3) the owner or occupant is a member of a volunteer fire department or is employed by an emergency service provider; 4) the vehicle has an official emblem designating it as an emergency service vehicle; and 5) parking the vehicle will not obstruct emergency access or interfere with the reasonable needs of the other residents to use the community’s streets and driveways. If these criteria are not met, your association may take enforcement action against owners or occupants who do not comply with its parking regulations.

However, your association MUST allow an owner or occupant who meets all of the above criteria to park within the community regardless of any association rules that may be read to prohibit it. In deciding whether an owner meets all of the criteria, it is important to remember that the statute defines “emergency service provider” as a “primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services.” Cable companies, utility companies and the like do not fall within this definition and are not included in SB 100 and SB 89.

Community Essentials - August 2005