Legal Question in Civil Litigation in California
Hoa has a rule about common area parking being limited to 72 hours or vehicle will be towed. A board member's vehicle has been parked in the same spot for months at a time and nothing has been done. The property mgmnt co claims there is nothing they can do if the board will not address. What other course of action do I have?
3 Answers from Attorneys
You have the right to sue to enforce the CC&R's, unless the CC&R's state otherwise. You should get an attorney to assist you if you are serious about this. Take a look at Civil Code section 1354.
Why do you care? Is the board enforcing the rule selectively, or not at all? If they don't enforce it at all and the car isn't an eyesore, you should consider shrugging it off. But if the board is doing the member a favor and/or if his car is causing problems, you may want to do what Mr. Roach suggests.
You can hire an attorney to enforce your rights, The real question is .. do you want to spend the money and effort over a parking spot.
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