Legal Question in Real Estate Law in California

Homeowners Rights

We live in a townhome community with a Homeowners Association rulling the roost. They have changed policy on parking without putting it to us for a vote or anything. The whole parking policy problem is because of a board members wife. She is the only person with the problem and she badgered her husband into forcing these new ridiculous changes. Can you please tell me what are the legalities regarding this? The change in policy is that instead of everyone having access on a first come first serve basis on the uncovered spaces, they have changed it to only parking on your side of the breezeway even though there aren't enoough spaces provided. They are tagging cars that don't have anywhere else to park and are staarting to make threats regarding towing. We pay very high dues here and feel that we shouldn't have to put up with this garbage. Thank you.


Asked on 1/27/04, 11:58 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Homeowners Rights

It is likely that the information you are looking for is in your CC&R's, etc. These guidelines will provide information as to how such changes can be made, whether vote of members required, etc. Board members can be sued individually, so if wrongdoing by one, you can file claim against him/her or them.

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Answered on 1/27/04, 12:34 pm
Joel Selik www.SelikLaw.com

Re: Homeowners Rights

The legality depends on the CC&Rs.

Joel Selik

800-894-2889

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Answered on 1/27/04, 2:58 pm


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