Parking

Parking Regulations

Ballentine Pointe, as a deed restricted community, has the following parking regulations under the terms of the Declaration of Covenants, as filed with the Paulding County Clerk of Court on October 31, 2005:

Article 11(g) Parking: No Owner or Occupant may keep or bring onto the Property more than a reasonable number of vehicles per Lot at any time, as determined by the Board; provided, however, the Board may adopt reasonable rules limiting the number of vehicles which may be parked at the Property. Vehicles only may be parked in garages, designated parking spaces, or other areas authorized in writing by the Board or Declarant.

Disabled and stored vehicles are prohibited from being parked on the Property, except in garages. For purposes of this subparagraph, a vehicle shall be considered \”disabled\” if it does not have a current license tag or is obviously inoperable. A vehicle shall be considered \”stored\” if it remains on the Property, other than in a garage, for fourteen (14) consecutive days or longer without prior written Board permission.

Boats, trailers, buses, trucks with a load capacity of one (1) ton or more and vans (excluding mini-vans and sport utility vehicles used as passenger vehicles), recreational vehicles (RV\’s and motor homes), vehicles used primarily for commercial purposes and containing visible evidence of commercial use (such as tool boxes, tool racks, business decals or signs, or other visible business evidence), and vehicles with commercial writings on their exteriors are also prohibited from being parked on a Lot or on the Property, except: (1) in garages or as otherwise approved by the Board, or (2) in the case of service vehicles, on a temporary basis during daytime business hours or during emergencies for the purpose of serving a Lot

Regulations

  1. The Board currently limits vehicles to the amount of vehicles that can be parked in the garage or driveway of a Lot. All homes in the community have at least 4 parking spaces, though Lots with 5, 6, or more parking spaces exist.
  2. Commercial vehicles MUST be parked in the garage or off-site if it doesn\’t fit in your garage.
    1. If there\’s any business name or contact information on the vehicle, it\’s commercial no matter what type of vehicle it is.
    2. 1-ton pickup trucks, vans, and SUVS, except for mini-vans and SUVs for personal use, are also considered commercial vehicles, even if you aren\’t using it commercially. An example of a 1-ton pickup truck would be a Ford F-350, Chevy Silverado 3500, RAM 3500. Vans include Ford Transit, Mercedes Sprinter, RAM ProMaster, as well as similar vehicles. Vans also include Ford Econoline and Chevrolet Express. Minivans such as Chrysler Pacifica, Honda Odyssey, Toyota Sienna, and similar vehicles are generally not considered commercial unless they have business markings. 1-ton SUVs intended for personal use would also not be commercial, but otherwise would be.
    3. Tractor-style trucks (i.e., Peterbilt, Kenworth, etc..) are always considered commercial as well.
  3. Trailers and RVs also need to be parked in your garage or off-site as well.
  4. The Board does not allow street parking at any time, except for service vehicles serving a lot. Note: as the streets are county owned, the HOA cannot tow vehicles off the street if they are parked in violation of HOA regulations.
  5. Amenity parking lots are allowed to be used for people using those amenities or with written Board permission in the form of a time limited parking permit.
    1. We also allow guest overflow parking at the soccer field, however, overnight parking does require a permit
    2. You can acquire a permit by contacting CMA. CMA will need the length of time needed and the information about the vehicles being parked.
  6. Improperly parked vehicles on the street or on Lots will be issued a violation through our violation process. Note that violations are $25 per occurrence. Vehicles parked for multiple days are $25 for each day. You will be given 2 warnings: a courtesy letter, and if after a reasonable amount of time to find alternative parking arrangements, a warning of fine letter.
    1. If you get a parking violation for a vehicle that isn\’t yours, notify CMA or the HOA immediately

Frequently Asked Questions

  1. I have more vehicles than I have parking spaces. Where am I supposed to park my additional vehicles?
    1. If all vehicles belong to residents at the address, then you will need to find off-site parking for the additional vehicles or look into options to expand the number of parking spaces on your Lot. We do not grant long-term parking permits for HOA-owned lots and street parking is not safe.
  2. I have guests coming for a party. Where are they supposed to park?
    1. If the guests are NOT staying overnight, we recommend they first park in extra spaces in your driveway or garage, and if you need additional space, they may park in the soccer field lot without prior permission. During the pool off-season, you may also request in writing for guests to park at the pool parking lot.
    2. If guests are staying overnight, please acquire a parking permit from Melody. Parking permits are available for both the pool and soccer field parking lots, however, during the pool season, we recommend using the soccer field parking lots.
  3. I have a contractor coming to work at my property. Where are they supposed to park?
    1. While we prefer your driveway, we understand that service vehicles may park on the street. They are allowed to park on the street under our Covenants.
  4. Under what authority does the HOA have to enforce parking regulations to begin with?
    1. Our Covenants and By-laws. Georgia courts have held that an HOA can enforce parking regulations under their own covenants and bylaws, even if the streets are public.
  5. How does the HOA plan on enforcing the parking regulations set forth?
    1. Our covenants, bylaws, board resolutions, and applicable state law and county ordinances govern how we enforce the parking regulations:
      1. For vehicles parked improperly in HOA owned parking lots (mainly the soccer field and pool parking lot), they will be towed under a private party impoundment contract with Marietta Wrecker under the self-help provisions in our bylaws and state law regarding private impoundment of vehicles.
      2. For vehicles parked on streets improperly, state law does not allow for \”self-help\”. County ordinance and state law also do not provide an alternate means for the vehicles to be towed. However, our covenants and by-laws allow the HOA to fine $25 per occurrence (with the same occurrence on multiple days counting as separate occurrences) after an appropriate warning period. Our property management will following the HOA\’s violation and fining policy as set forth in our covenants and bylaws.
      3. For vehicles parked in violation of the parking regulations in private driveways, we will also follow the violation and fining policy. The HOA does have the authority for self-help under our covenants and by-laws, however, for parking violations, we will not be using that authority.