NuGrape Lofts HOA Policy

The purpose of these resolutions is to ensure the Association, as a whole, has an opportunity to participate in the assignment of or license to portions of the Common Elements and to provide additional shared expectations for use of the Common Elements and Limited Common Elements. 

1. Maximizing Opportunities for Use of Any Unassigned Common Element Parking Space
   1. Due to a 2023 reduction in on-street parking spaces and increase in public parking volume over the past few years, the NuGrape Lofts Condominium Association shall provide reasonable opportunity for use of any unassigned off-street (Common Element) parking space pursuant to the resolutions, policies, and procedures herein.
2. Equal Opportunity Allocation for All Eligible Owners at Market Rate
   
   1. The NuGrape Lofts Condominium Board of Directors shall not approve assignment of a Common Element parking space or storage area, without first formally executing an auction allocation process, available to all eligible Owners based on market rate. See NuGrape Common Element Assignment Allocation Policy.
   2. The NuGrape Lofts Condominium Board of Directors shall not approve license of a Common Element parking space, a Common Element storage area, nor a vacated originally assigned parking space that has been swapped and protected by the NuGrape Resident Parking Accommodation Policy, without first formally executing a raffle allocation process available to all eligible Owners based on market rate. See NuGrape Common Element License Allocation Policy.
3. Unauthorized Parking in Assigned Parking Spaces
   1. In support of Declaration section 14 (h), the owner of a Unit assigned a parking space may make written request to the Board or agent of the Association to have a vehicle parked on their parking space towed without notice. 
4. Use of Common Element Parking Spaces in the West Lot
   1. Advance Permission Required
      1. Unassigned parking spaces on the west side of NuGrape property are available for use only by Owners, Tenants, and Occupants with prior written Board permission except for designated electric vehicle (EV) parking spaces (if installed) which do not require Board permission.
         
         1. The written Board permission must include an expiration date and must not exceed one (1) year from the date permission is granted.
            1. The Board may revoke its parking space use permission at any time for any reason determined appropriate by the Board, with ten (10) days written notice, or immediately upon notice in an emergency situation.
            2. Declaration Section 14 (h) describes “stored” vehicles. Since the Declaration was written, the neighborhood walkability/dynamics and the proliferation of delivery services make it possible to not have to drive as frequently as needed 20 years ago.
               1. Storage of a vehicle in an assigned parking space will not require written Board permission, if such vehicle is authorized under the Declaration.
               2. Parking in an unassigned parking space in the West Lot with written Board permission will not require additional permission for “stored“ vehicles.
         2. In lieu of written Board permission, the Board may execute an agreement to license or allow use of an unassigned parking space for temporary exclusive use to an eligible Owner for a term not to exceed one (1) year, at such rate or fee as determined by the Board. See NuGrape Common Element License Allocation Policy.
         3. This resolution also applies to vacated, originally assigned parking spaces that have been swapped and protected by the NuGrape Resident Parking Accommodation Policy.
   2. Towing
      1. Vehicles parked in unassigned general parking spaces within the NuGrape parking lot without prior written Board permission are subject to towing per Declaration Section 14 (h).
      2. The Board shall use generally available communication means (phone, text, email, and Facebook Group) to ascertain the identity of and contact the Owner of the Unit related to the vehicle in order to provide an opportunity for said Owner to correct the violation prior to towing.
      3. Notwithstanding anything to the contrary in the Declaration, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow per Declaration Section 14 (h).
   3. Electric Vehicle Charging (if installed)
      
      1. Designated EV parking spaces are available for active charging only.
      2. Vehicles parked in designated EV parking spaces that are not connected to the charging unit are subject to towing at the Board’s sole discretion.
      3. Vehicles parked in a designated EV parking space and connected to the charging unit where the charging process has completed, may continue to park in the EV parking space up to 24 hours with an additional hourly fee; after 24 hours, the fee may be increased and the vehicle is subject to towing at the Board’s sole discretion. EV charging at the Condominium, if permitted, is subject to such additional rules as the Board may establish.
5. Use of Common Element Parking Spaces East of the Building
   1. General
      1. All parking spaces on the east side of NuGrape property are available for short-term parking by Owners, Tenants, Occupants, invited guests, agents, or contractors on a first-come, first-served basis.
      2. These spaces are intended for short-term parking, loading, unloading, deliveries, and for transient contractors (such as air conditioning technicians, plumbers, electricians, etc.).
      3. Drivers should give priority use of these spaces to active Electric Vehicle (EV) charging (if installed), and guests with a valid disabled parking placard/tag.
   2. Advance Permission Required
      1. Vehicles may not be “stored” in these parking spaces without prior written Board permission – see Declaration Section 14 (h) for the definition of “stored” vehicles.
         1. The written permission must include an expiration date.
         2. The Board may revoke permission with ten (10) days written notice.
   3. Towing
      1. Per the Declaration Section 14 (h), all vehicles in violation with the Declaration are subject to towing.
      2. The Board shall use generally available communication means (phone, text, email, and Facebook Group) to ascertain the identity of and contact the Owner of the Unit related to the vehicle in order to provide an opportunity for said Owner to correct the violation prior to towing.
      3. Notwithstanding anything to the contrary in the Declaration, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow.
   4. Electric Vehicle Charging (if installed)
      1. Vehicles parked in a designated EV parking space and connected to the charging unit where the charging process has completed, may continue to park in the EV parking space up to 24 hours with an additional hourly fee; after 24 hours, the fee may be increased, and the vehicle is subject to towing at the Board’s sole discretion. EV charging at the Condominium, if permitted, is subject to such additional rules as the Board may establish.
6. Handling Resident Reasonable Accommodation Requests
   1. In support of Resolution 2023-1, residents who have an expressed need connected to a disability where the location of their assigned parking space presents a barrier to access, use, and enjoy their housing, can request a reasonable accommodation to eliminate these barriers. Through The Fair Housing Act (42 U.S.C. 3601 et seq.) and the NuGrape Resident Parking Accommodation Policy, these residents may request a reasonable accommodation to have their assigned parking space relocated. If relocated to an unassigned Common Element parking space, the resulting vacated space would be made available so there is no net reduction in the number of non-exclusive-use parking spaces. As a housing provider, NuGrape Lofts is required to comply with the Fair Housing Act at all levels (federal, state, county, and city). For more detail about how the NuGrape policy supports the FHA, click here.
7. Allocation of Unit-Relevant Common Elements at Market Rate
   1. The NuGrape Lofts Condominium Board of Directors shall not approve assignment of the Common Elements to a Limited Common Element deck, patio, balcony, or porch without receipt of the market rate license fee per square foot of converted space.  This is applicable both to requests to create a Limited Common Element as well as to expand a Limited Common Element.