Ethical Parking Management

The following is a report on the issue of no-notice booting and an available solution.
It is meant to inspire a review of current practices by property management companies, housing authorities and other stakeholders. It is not a deep dive on the subject, just a basic review of some concerning practices.

With Colorado's HB25-1117 likely to pass soon, this report is also particularly timely for those affected by or implementing practices similar to the Towing Bill of Rights.

A Call to Action for property owners and managers:
This is your chance to get ahead of legislation similar to the Towing Bill of Rights, before it's required of you. With HB25-1117 poised to become law, now is the perfect moment to be part of the solution, not the problem. This isn't a hard problem to solve, it just takes a commitment to do the right thing. The best part, implementation and oversight cost almost nothing, except your time. By acting now, you can showcase your commitment to residents while gaining valuable implementation experience before it's required.

Summary

The current parking enforcement practices in residential communities have raised serious concerns about fairness, transparency, and the disproportionate impact on vulnerable residents. This report identifies critical issues in existing enforcement procedures and proposes straightforward solutions that establish proper due process, ensure clear accountability, and provide essential protections for elderly, disabled, and fixed-income residents.

The recommended solution transforms parking management from a punitive system to a resident-centered service—a change that not only addresses fairness concerns but can also improve resident compliance and satisfaction, while maintaining necessary parking enforcement measures.

By implementing these common-sense improvements now, before HB25-1117 takes effect, property management companies can not only significantly reduce legal exposure and reputation risks without compromising parking lot revenue, but also demonstrate goodwill and leadership to their residents and communities.

Current Problem Assessment

Parking enforcement practices in residential communities have evolved with little oversight, creating a system that often operates against residents' interests while exposing property management companies to unnecessary legal and reputational risks. The following assessment identifies critical problems that require immediate attention—not just to protect vulnerable residents, but to address potential liability concerns for property owners. These issues represent common patterns rather than isolated incidents—and many are directly addressed in the pending legislation.

A) Key Issues:

1. No Warning/Notice System: Vehicles are being booted without prior warning, leaving residents with no opportunity to correct violations before facing penalties.

2. Excessive Financial Burden: The per-incident fee creates severe hardship for residents on fixed incomes, with limited payment options.

3. Inadequate Dispute Resolution: Residents have no effective means to contest enforcement actions, with enforcement companies providing only voicemail or email contact options.

4. Fragmented Accountability: Split responsibilities between property managers, permit issuers, and enforcement contractors create confusion and prevent clear accountability.

5. No Direct Communications: No direct communication channels exist for residents to address issues in real-time, causing particular hardships for elderly and disabled residents.

6. Vulnerability Exploitation: The system disproportionately impacts elderly, disabled, and fixed-income residents who may struggle with mobility, technology access, or financial flexibility.

7. Retaliation Concerns: Residents who question enforcement policies face potential retaliation from management companies.

8. No Regulatory Oversight: Current booting practices operate without sufficient regulatory oversight to protect consumer rights—a gap that HB25-1117 aims to fill.

B) Disproportionate Impact on Vulnerable Populations

The current enforcement model particularly affects:

1. Elderly Residents

   • May have difficulty understanding complex permit requirements

   • Often face mobility challenges in addressing violations

   • Fixed incomes make steep fees particularly burdensome

   • May require assistance with technology-based permit systems

2. Disabled Residents

   • Face accessibility barriers to compliance and resolution

   • May require mobility vehicles for essential medical care

   • Often need specialized communication accommodations

   • May have caregivers whose vehicles are incorrectly targeted

3. Fixed-Income Residents

   • Enforcement fees may represent a significant percentage of monthly income

   • Limited payment options create additional barriers

   • May face impossible choices between mobility and basic necessities

   • Risk of housing instability due to escalating penalties

Legal and Regulatory Analysis

Property management companies face significant legal exposure under current parking enforcement practices. The legal landscape for vehicle immobilization shows a clear pattern, and these unregulated practices will eventually attract legislative attention and legal action.

This pattern has already played out with predatory towing practices, which faced similar complaints until state and local governments implemented strict regulations governing notice requirements, and other practices. The booting industry currently operates in a regulatory gap, but this is likely temporary as consumer complaints increase.

With HB25-1117 on the horizon, property management companies that don't act proactively may find themselves scrambling to comply with new regulations while also potentially facing litigation. The modest implementation costs of the recommendations in this report are minimal compared to the potential financial impact of litigation or emergency compliance with hastily enacted regulations.

Property managers should pay particular attention to Fair Housing Act and Americans with Disabilities Act concerns, as these federal statutes provide powerful tools for plaintiffs and can result in significant damages beyond simple injunctive relief.

A Proposed Solution: Change How We Use Existing Technology

After a review of available License Plate Recognition (LPR) and parking management platforms, the recommended policy and process changes can be implemented with existing technology. The apps/systems are widely available/used and most have the capabilities needed. Just change the way they are used. By implementing these changes now, you can demonstrate leadership ahead of HB25-1117 becoming law.

Core Policy Recommendations

1. Mandatory Multi-Strike Warning System

   • Implement digital and physical warning notices

   • Establish clear grace periods after each warning

   • Document all warning attempts with photo evidence

2. Vulnerable Resident Protection Protocol

   • Flag accounts of elderly/disabled residents in existing systems

   • Implement extended grace periods for vulnerable residents

   • Require manager intervention before enforcement against vulnerable residents

3. Structured Dispute Resolution Process

   • Establish clear criteria for dispute evaluation

   • Create escalation paths for unresolved disputes

4. Accountability Framework

   • Define clear responsibility boundaries in contractor agreements

   • Establish single point of accountability for enforcement decisions

   • Implement documentation requirements for all enforcement actions

   • Create an oversight mechanism within property management

5. Communication Protocol

   • Require multiple notification methods (digital, physical, phone)

   • Implement real-time assistance options

Implementation Through Existing Platforms

Most current parking management systems already include features that can support these policy changes.

Conclusion

The parking enforcement challenges outlined in this report represent a significant but solvable problem. The recommended changes require minimal financial investment—primarily management attention and a commitment to fair practices.

With HB25-1117 likely to pass, property management companies now have a perfect opportunity to demonstrate leadership and care for residents by implementing these changes proactively. This approach not only protects vulnerable residents but also positions your company positively in the eyes of residents, the community, and regulators.

Property managers and oversight authorities who act now will be ahead of the curve, demonstrating a commitment to resident well-being while gaining valuable implementation experience before legal requirements take effect. The path forward is clear: implement fair warning systems, establish proper accountability, ensure accessible dispute resolution, and provide appropriate accommodations for vulnerable residents.

The time to act is now—not just to avoid future regulatory headaches, but to visibly show your residents that you care about their well-being and dignity. Making these changes today is both the ethical choice and a smart business decision.