Legal Question in Landlord & Tenant Law in California

HOA parking arrangement

My neighborhood is managed by an HOA called Village By Robinhood. Residents have either 1 or 2 parking spots deeded to the address. There are also 24 hour spots available but not in every cul-de-sac. Is there any action I can take to make the HOA sell me a 24 hour spot since I have 1 parking spot and 3 cars? Also the street Bluehaven Ct. is a public street, can the HOA file something with the city in order to paint T marks so that all parking can be utilized? Thanks for your help.


Asked on 7/14/08, 1:16 am

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: HOA parking arrangement

Probably. You would need to run for office on the HOA Board, get elected, then convince the other officers to vote for your proposal.

Other than that, not likely.

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Answered on 7/14/08, 1:24 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: HOA parking arrangement

You cannot win with this matter, as you describe your options.

You cannot make the HOA do anything. I suggest you attend the next meeting, and bring this up, as it is possible that a vote of the residents may approve a change for you. At the meeting, see if the Board will approve one of the 24 spots.

You write eloquently, and you are polite, so I am sure they will take your matter seriously. (Thanks for the thanks, which is a rarity on this site).

Good luck!

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Answered on 7/14/08, 9:12 am
David Gibbs The Gibbs Law Firm, APC

Re: HOA parking arrangement

The likelyhood of having a spot sold to you from the HOA is unlikely, even if you sit on the Board. Most HOA governing documents require that any "disposition" of common area requires a majority (or even super-majority) vote of the membership. Getting 2/3rds of the entire HOA to approve this will take some serious campaigning on your part. Second, the HOA faces issues with the City as the 24 hour parking spaces are most likely "guest" spaces, and the project was most likely approved with the bare-minimum of guest spaces the City would allow. From a technical standpoint, the HOA may have to go into the City and seek its approval to remove from service a guest space. Finally, with respect to the "T" marks, if the streets are public, then yes, you can make the request of the City, but they are not bound to do it. Your best shot at that is to go with the consent and backing of the HOA Board of Directors, and even better would be a long list of homeowners in the project who support this concept. Its like anything else involving local politics, the more support you have from citizens within the affected area, the more likely it is that the City will take you seriously. Good luck with both items!

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/14/08, 1:13 pm


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