Parking Policy of For a Place to Live

Pursuant to Title 8 Chapter 92 Subchapter A § 92.0131 of the Texas Property Code, the Landlord is required to provide the following information:

The Landlord FOR A PLACE TO LIVE has implemented specific parking rules and policies for the Premises. The Tenant agrees to adhere to the parking rules and policies. Violating these parking rules and policies will result in your vehicle being towed at the owner’s expense. This Parking & Towing Policy is applicable to the ALL PROPERTIES owned and operated by the FOR A PLACE TO LIVE (FAPTL).

FOREWORD

To enhance the quality of life and maintain a decent, safe and sanitary environment for the residents of FAPTL developments, this Parking & Towing Policy addresses parking and towing policies and procedures at the FAPTL properties. All Tenants and their guests must comply with this Parking & Towing Policy.

A. PARKING POLICY

1. General Rules

1. Only Tenants may park on the property. Tenant vehicles must have a valid parking permit obtained from the property management office.
2. Vehicles parked in handicapped spaces must clearly display valid handicap stickers/plates/signage or they will be towed.
3. Vehicles parked in designated “No Parking Tow Away Zones” will be towed at the vehicle owner’s expense.
4. Vehicles must be properly parked in designated spaces. Parking on grassy areas off the pavement is not permitted. Any vehicle improperly parked or blocking another vehicle is subject to being towed at the vehicle owner’s expense.
5. All Tenant vehicles must be properly registered and insured in accordance with the laws of the State of Texas. Inspections, registrations, insurance, and tags must be kept current on every vehicle.
6. All powered cycles of any type, size, style, or model must be parked in a designated parking area only. No parking on lawns or on sidewalks.
7. Only standard automobiles, SUVs, and pick-up trucks may park on the property. Parking of recreational vehicles, trailers, commercial trucks, tractor-trailers, etc. is not permitted.
8. Vehicles shall not be kept on property unless they are in operable condition. Any vehicles that do not display a current license plate and/or which are inoperable (flat tires, broken windows, leaking fluids, etc.) may be towed.
9. Vehicles must not be allowed to leak fluid onto the pavement or grassy areas of the development. If a vehicle is leaking gas, oil, anti-freeze, steering or transmission fluid, or any other liquid onto the pavement, you may be asked to park the vehicle elsewhere, as this is a lease violation.
10. Repairs such as changing oil, tuning engines, or any other repairs are not permitted on the property. Fixing flat tires and/or jump starts will not be allowed. In addition, washing of any vehicle on the property is not permitted.
11. The parking areas are not play areas, and adult Tenants must make sure that children under their care do not use the parking areas as a play area. No cycling, skateboarding, skating, or other recreational or play activities will be permitted in parking areas.

2. Tenant Parking

1. Tenants are required to register their vehicle(s) at the property management office and obtain a parking permit.
2. Only Tenants and authorized (per lease agreement) family/household members may obtain parking permits. For properties with gates requiring an access card, every Tenant who is issued a parking permit will also be issued an access card/remote control to the gate.
3. To obtain a parking permit, the vehicle must have and maintain current registration, inspection, and license plates. Tenants will also be required to provide proof of insurance.
4. The parking permit must be hung on the rear-view mirror with parking permit side facing out or parking permit displayed on the passenger side of vehicle’s windshield. Each vehicle’s permit number will be on file and available to local law enforcement agencies.
5. Parking spaces are not assigned. Parking is on a first-come, first-serve basis.
6. Tenant vehicles must adhere to all of the General Rules provided in this policy.

B. TOWING POLICY

1. The Towing Policy, complements and adheres to the Occupations Code, Title 14, Chapter 2308 (the Texas Towing Act) for removal of unauthorized vehicles to vehicle storage or vehicle parking facilities.
2. It is the policy of FAPTL to have unauthorized vehicles parked on its developments removed and stored at a vehicle storage facility. The FAPTL, as owner of the properties, has the authority to cause an unauthorized parked vehicle to be removed, without the consent of the owner or operator of the unauthorized vehicle, and have it stored at a vehicle storage facility at the vehicle owner’s or operator’s expense.
3. This policy establishes the following definitions:
   1. Vehicle means and includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, tractor or trailer.
   2. Vehicle Storage Facility means a facility operated by a person or entity licensed to store vehicles.
   3. Parking Facility means a public or private property used in whole or in part for restricted vehicle parking.
   4. Unauthorized Vehicle means a vehicle parked, stored or located on a parking facility without the consent of the parking facility owner.

C. REMOVAL AND STORAGE OF UNAUTHORIZED VEHICLES PARKED AT FAPTL

Without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner’s or operator’s expense if:

1. The vehicle is left in violation of Sec. 2308.251 of the Texas Occupations Code; or Unauthorized Vehicles (as defined by Subchapter F, Sec. 2308.251 of the Occupations code) on FAPTL property, under certain circumstances, are subject to removal and storage without additional notice required prior to removal. If the owner or operator of a vehicle leaves unattended on a parking facility a vehicle that:
   1. is in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility;
   2. prevents a vehicle from exiting a parking space in the facility;
   3. does not display the special license plates issued or the disabled parking placard issued for a vehicle transporting a disabled person and is in a parking space that is designated for the exclusive use of a vehicle transporting a disabled person; or
   4. is in or obstructs a fire lane which is clearly marked as listed below:
2. The vehicle is left at properties parking areas in violation of Sec. 2308.253.
1. The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:
   1. (1) obstructs a gate that is designed or intended for the use of pedestrians or vehicles;
   2. (2) obstructs pedestrian or vehicular access to an area that is used for the placement of a garbage or refuse receptacle used in common by residents of the apartment complex;
   3. (3) is in or obstructs a restricted parking area or parking space designated under Section 1 above, including a space designated for the use of employees or maintenance personnel of the parking facility or apartment complex;
   4. (4) is in a tow away zone, other than a fire lane, that is brightly painted and is conspicuously and legibly marked with the warning “TOW AWAY ZONE” in contrasting letters at least three inches tall;
   5. (5) is a semitrailer, trailer, or truck-tractor, unless the owner or operator of the vehicle is permitted under the terms of a rental or lease agreement with the apartment complex to leave the unattended vehicle on the parking facility; or
   6. (6) is leaking a fluid that presents a hazard or threat to persons or property.
2. Expired Tags and Inspection: vehicles will be towed after receiving 10 days’ notice for any vehicle that does not display current and valid registration, license plate, and vehicle inspection certificate.
   1. (1) The 10 days written notice issued before towing must be:
      1. (a) delivered in person to the owner or operator of the vehicle; or
      2. (b) sent by certified mail, return receipt requested, to that owner or operator.

D. REQUIRED SIGNAGE FOR TOWING

1. Signs that comply with the requirements from Sec. 2308.301 of the Texas Occupations Code prohibiting unauthorized vehicles must be located on the parking facility at the time of towing and for the preceding 24 hours and remain installed at the time of towing.
2. An unauthorized vehicle may be towed only if each sign prohibiting unauthorized vehicles on a parking facility is:
   1. facing and conspicuously visible to the driver of a vehicle that enters the facility;
   2. located:
      1. (1) on the right or left side of each driveway or curb-cut through which a vehicle can enter the facility, including an entry from an alley abutting the facility; or
      2. (2) at intervals along the entrance so that no entrance is farther than 25 feet from a sign if:
      3. (3) curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto a parking facility from a public roadway other than an alley; and
      4. (4) the width of an entrance exceeds 35 feet;
   3. permanently mounted on a pole, post, permanent wall, or permanent barrier;
   4. installed on the parking facility; and
   5. installed so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above ground level.
3. An unauthorized vehicle may be towed only if each sign prohibiting unauthorized vehicles:
   1. is made of weather-resistant material;
   2. is at least 12 inches wide and 12 inches tall;
   3. contains the international symbol for towing vehicles;
   4. contains a statement describing who may park in the parking facility and prohibiting all others;
   5. bears the words “Unauthorized Vehicles Will Be Towed at Owner’s or Operator’s Expense”;
4. An unauthorized vehicle may be towed only if each sign prohibiting unauthorized vehicles also meets the following color, layout, and lettering requirements from Sec. 2308.302 of the Texas Occupations Code:
   1. A bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate sign placed immediately above the sign.

E. PARKING AGREEMENT

Termination: Parking agreement shall automatically terminate simultaneously with termination of Tenant’s tenancy.

Damages: Tenant shall be responsible for all damages caused by Tenant and/ or Tenants Vehicle (include any substances leaking emerging Tenant’s vehicle) to any parking lots , parking areas, common areas, and/or other portions of the property premises.

Cross Default: Any default in the performance of this parking agreement addendum shall constitute a material default in the tenants performance of parties rental agreement.