Legal Question in Landlord & Tenant Law in California

On 5/28/2010 I entered into a lease agreement for my current residence. It’s a town house with CCR’s in place with a board of supervisors for the complex. The parking rules provided to my by the property management company stated that residents could not park in the guest parking areas, only visitors could use the guest parking. The only other rule for guest parking was that, if staying over night a parking pass had to be displayed and any guest staying for more that 7 days had to get written authorization from the board.

In May 2011 I renewed the lease with no problem. In sept I received a letter that I was in violation of the guest parking rules and that my girlfriend, who visits daily but never stay the night, had to start parking in my garage. I explained to the property management that she, my girlfriend, did not live with me and that I was not violating the CCR’s.

Since that time I have had several contacts with the property management company telling she could not use the guest parking. I have asked to see in writing what rule was being violated and was told there was NO rule violation, however they had several complaints from one resident and my girlfriend would have to find someplace else to park. I told the management rep. that until I could see a written rule that was being violated she would continue to park in the guest parking where it was safe and well lit.

In late Nov I again was contacted by the property management about this issue. The resident was still complaining and I again was being asked to have my girlfriend park outside of the complex and was told that in Dec the board would be meeting to pass a “new rule” that would prohibit her from parking on the property. As a comprise I told the rep that I would have her park in various parking stalls, but still in the guest parking area. I also sent them a letter with the times and days she normally visits and reasons why I wanted her parking in a safe and well lit area.

In late Dec I received a notice of non-renewal of my lease and an admonishment that if my girlfriend parked on the property again her car would be towed. I contacted the management rep who told me the new rule was that day parking had to display a parking pass and that my pass had been revoked. I also found out that the management rep was a member of the board of the HOA and lived in the same complex.

To date I still have not received a copy of the CCR’s or the changes. Residents of the complex routinely park in the gust parking and I have yet to see a parking pass displayed since this rule change has taken place so it seems that I was targeted for harassment/discrimination as no other residents that I am aware of are being warned/fined for violating the parking rules and there seems to be no enforcement of this rule except in my case.

Would this be the bases for a civil suit against the HOA and/or the property management company?

Asked on 2/01/12, 11:18 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers
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The first practical consideration is what are your damages? Some inconvenience is not worth much if anything. Your landlord can refuse to renew the lease because the view you as causing trouble. You do not have a worthwhile case.

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2/01/12, 8:26 pm

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