Legal Question in Real Estate Law in California

Re: motorhome parking

I agree with Mr. Cohen. I don�t think that the HOA would have authority over the parking on a public street. However, if the street is within community control then they would have the authority to enforce the covenants against you. See if you can get some direction from the city/county concerning the street in which you are parking the vehicle.

Good Luck!

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Re: motorhome parking

The last time I check in this, there was no definitive California law on this. One school of thought is that the CC&Rs are a contract between the HOAa and the other owners and therefore can be enforce. This same school believes that the road dedication to the public was taken subject to the CC&Rs. The other school of thought is that it is a public road and the HOA has no business enforcing the CC&Rs on a public road.

Years ago, there as a court of appeal in another state that ruled in favor of the HOA, but that would not be binding in California. You need to contact a local attorney with knowlege of HOA law who can research this further for you. I know HOA law, but haven't practiced it in more then 8 years. Contact the Community Associations Institute for a referral.

Re: motorhome parking

If the CC&R's don't prohibit it, don't pay it.

Re: motorhome parking

I don't believe that the HOA has any control over a public street, i.e. one that runs outside of the private roads within the apartment complex. You might want to get some kind of certificate from the city or county stating that the road is, in fact, a city/county (and not private) road, to use as evidence if they attempt to enforce the fines.