How absolute is my community association's CC&R's?

Real Estate 8 views 2 answers
Four years ago, the association granted us a parking permit to park our truck on the street as it proved too difficult to park in our small two car garage. We hit the wall twice and our other vehicle once. In those four years, we have invested money in a work bench, shelving and a home gym that take up the space where the truck would have been parked. Now, they are telling us that we must park the truck in the garage. Do they have the power to tell us to get rid of what we have in the garage and risk damaging our vehicles further?

Attorney Answers

2
Melissa Marsh ·
You have not provided enough information to answer the questions...specifics about the permit granted. As to the CC&R's -- those are the governing documents of the HOA and they must be followed, or amended. Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
The governing documents of your building including the CC&Rs probably give the HOA the right to determine parking space assignments and what objects can be placed in the garage, and the Board of Directors can make changes if it chooses. The parking area would be a common area, unless your deed includes the garage spaces and are your exclusive property. The items you placed there are movable, and it is your choice to own a large truck, so it seems your objection is based on what you have been allowed to do these past 4 years. Since the HOA enabled you to park your truck on the street these four years, you should inquire what reason they have for this change - perhaps the parking rules have changed on the street - to see if a compromise can be reached. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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