CHARGING FOR SCOOTER
& BICYCLE PARKING

QUESTION: Some of us own scooters. Previous boards let us park our scooters in a portion of the garage that doesn't interfere with foot traffic. The new board wants to charge for scooter parking. Is that legal?

ANSWER: Boards often charge rent to owners who want a storage room or a parking space for their exclusive use. However, open (unassigned) parking for bicycles and scooters in designated areas is usually provided without charge.

A user fee for non-exclusive parking would probably fall under Civil Code §1366.1. Such fees may not exceed the amount necessary to defray the costs for which they are levied, i.e., they may not be treated as profit centers for the association.

Decals. The association can require decals on bicycles and scooters so it can contact owners if there are problems. However, the association can only charge a reasonable amount to cover the cost of the decals.

Updated by ADAMS KESSLER 7/9/2008