Legal Question in Civil Litigation in California

Homeowners association parking procedure

The home owners association where I live sent out a letter (2 days ago)stating

that effective 09/04 any resident not parking their cars in the garage or

driveway would have it towed. They quoted a CCR (I am having trouble

locating my book) stating the board has the authority to establish ''parking'',

''guest parking'' and ''no parking'' areas within the common area. An owner

could request a placard but would have to undergo an inspection prior to

receiving it. They also stipulated that any guests must have their vehicle

information called in to the office which would include length of stay. The

letter also stated that a number of parking programs have been attempted in

the past with mixed results. I have been living here for 10 years and know of

no parking programs (except a fire lane issue).

I (as well as my neighbors) am outraged by this letter and want to know how I

can legally contest this issue. I am meeting with the board tomorrow at 7pm

to present my view.


Asked on 8/02/04, 7:59 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Homeowners association parking procedure

I specialize in HOA as well as Real Estate Law and Business. You need your CC&R. Also, I need clarification on the following in your question, "The home owners association where I live sent out a letter (2 days ago)stating that effective 09/04 any resident not parking their cars in the garage or driveway would have it towed." A HOA needs to provide notice of the meeting wherein they made the decision. You can inspect the books and records to determine their discussion and look at the CC&R at the same time. If you need representation, contact me.

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Answered on 8/03/04, 1:47 am
Donald Holben Donald R. Holben & Associates, APC

Re: Homeowners association parking procedure

You are taking the first step. Have all other homeowners attend the meeting with you. After, contact lawyer to discuss and review CC&R's, etc.

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Answered on 8/03/04, 11:33 am


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