|
|
|
|
| |
I had the same problem with my HOA board. We ended up in Arbitration and I won. A Board cannot have a rule, even in the CC&Rs, that violates California Civil Code. Check out Civil Code Section 1354(a) and Section 1357.110(e).
Also check your CC&Rs carefully for sections that refer to applying rules uniformly or equibly to all Owners. Or Sections that indicate that the Civil Code takes presedence over CC&Rs.
Posted Apr 22 2006 9:33PM CEST
|
| |
|
| |
Cathy Dewalt
Moreno Valley, California |
| |
|
|
| |
Julie:
Did the HOA change the By Laws or the CC&R's? They can change the By Laws at their discretion but the CC&R's are in my opinion a contract and would require the homeowners agreement. Research the Davis Sterling Act under California Civil Code 1350 to 1378. You can find it by going to Google and typing in Davis Sterling. See what it says (if anything) about reasonableness of fines. Good Luck.
HOA are the biggest rip off this country and these crocked lawyers have devised for the American people.
Posted Mar 27 2006 6:02PM CEST
|
| |
|
| |
Pat English
Mission Viejo, California |
| |
|
|
| |
After homeowner activists publicized the abusive non-judicial foreclosures e.g. Melissa Colburn, Ms. Blevins, the Radcliffs etc., CAI lawyers , who still lobby for homeowner association non-judicial foreclosure laws, tell the media they do not do non-judicial foreclosures anymore e.g.I have not practiced collections law or done any liens, foreclosures for more than at least 6 years - My name is Beth Grimm
These lawyers and "experts" tell the public, lawmakers and the media that "homeowner associations need judicial foreclosure powers to collect dues from deadbeats who never pay their bills or don't follow rules like everybody else."
Parking fines with unlimited lawyers fees for "rules enforcment"" are just the tip of the "judicial foreclosure" traps that CAI lawyers and managers have set up to steal homes.
Read your CCRs and rules, look at the links and litigation history of the homeowner association boards, lawyers and managers, and elect and employ ethical and non-litigious board members and vendors.
Posted Mar 27 2006 1:51AM CEST
|
| |
|
| |
Username withheld
, California |
| |
|
|
| |
My homeowners association is fining me for parking my one auto in my driveway -- not in my single garage. However, other homeowners who have 2 car garages can park one or more of their autos outside their garage in their driveways.
They say that the garage cannot be used for storage but owners with 2 car garages can use part of their garage for storage and part for an auto.
I find this discriminatory and ridiculous. It discriminates against homeowners who can only afford the units with one car garages. Also for couples who have 2 autos and with single car garages -- the can park one of their autos in the driveway.
Do I have any recourse?
Thank you for your assistance.
Norleen
Posted Aug 24 2005 1:57AM CEST
|
| |
|
| |
Username withheld
, California |
| |
|
|
| |
The CCR's take precedence, but not in violation of city ordinance. Many condo community streets are fire lanes, not official city street (which include space for parking.) Blocking fire lanes is in violation of city ordinances, can hamper emergency services, and land the HOA's board in hot water for not taking actions to insure that owners/residents keep the fire lanes clear. One failed emergency response due to blocked fire lanes and you will visit a world of hurt driven by the grieving family's anger.
Often in CCR controlled communities where landscaping and roads are maintained by the association, anything outside your walls is common element. The HOA controls the common element and can set rules as the community as a whole agrees. If you wish to change the rules, get active in the management of the HOA, put the changes up for a vote of the owners and resolve the issue according to the rules of the community.
Telling the HOA board and managers to "stick it" is simply confrontational and results in armed warfare in the community. Working together to resolve conflicts in opinion and desires works for everyone.
Posted Jul 18 2005 8:49PM CEST
|
| |
|
| |
Mike Carlson
Aurora, Colorado |
| |
|
|
| |
They think that they have all powers over your life, if they want to control your home they should "BUY IT"
I live in one of these too, every time I see one of them I signal there I Q to them.
Tell them to stick their head where the sun don't shine.
Posted Jul 17 2005 4:22AM CEST
|
| |
|
| |
FRANK BRAUN
(View Profile)
O'FALLON, Missouri |
| |
|
|
| |
I will assume that you own a single family house with 3-car garage and a suitable driveway which is INSIDE your property.
The good intention of this type of rules/amendments is to regulate the "open-storage" which can be an eye-sore to the community. There is a time in my area, a homeowner left his accident-damaged car on the driveway for a month, NOT for repair but as an evident for some legal tangle. I even took pictures of that in different dates.
Our CC&R allows the customary parking time for a visitor is 72 hours (3 days without moving). If you need more time, you need to contact the HOA for approval and extension.
Check to see if your CC&R has that clause. It will supercede all funny "admemdmental" rules. Otherwise, in every other day, you just move the car up and down, in and out, running some errands, driving around the block for just 5 minutes.. and you can park in your house driveway as long as you own it and nobody can say anything about that!
Good luck
Posted Jul 15 2005 6:17PM CEST
|
| |
|
| |
Gia Tran
(View Profile)
Federal Way, Washington |
| |
|
|
| |
Our assoication deals with the Parking issue.
We have recently changed our Rules and are in the process of changing some of the CC&R's. We have had developer rules, etc. and are changing everything to fit the community.
Residents must approve all changes to the CC&R's but do not have to approve changes to the Rules. We must publish all changes and mail then to the residents. It has become so expensive to mail the changes, so the Board has decided to insert the changes in our monthly newsletter. For residents that do not choose to receive the monthly newsletter, we must deliver the changes to the residence.
Our Management Company updates the Rules and CC&R's in the packets that are given to new homeowners.
We keep a copy of a receipt for the packets in the residential file which is kept by the Management Company.
We have a Rover Program which operates in the evening hours. They monitor violations of street parking and issue violations. The management company issues a first violation letter and further violations, residents are called before an executive session of the HOA and the board determines if a sanction or fine is in order.
We allow our residents to park only one vehicle in the driveway of the residence. We have guest parking but only for Guests.
We do not accept any remarks "I did not know that".
George
Posted Jul 15 2005 2:57PM CEST
|
| |
|
| |
George Hackett
(View Profile)
Brentwood, California |
| |
|
|
| |
Our Homeowners Association fines homeowners for parking in their own driveway and on a city owned street.
I have been told twice that city law takes precedence, but how to I convince the board of directors that? People that do not live in my neighbor hood store their cars that cannot be legally parked on a city street (unregistered, etc.) in front of my house on a regular basis. (They hide the cars from the sheriffs.) I have tried calling the sheriff's department when a car is illegally parked, but they are too busy, or just don't view my call as a priority.
The only thing I can do to prevent this from happening is to park my own car there. For this my HOA assesing a fine. Any advise?
Posted Jul 15 2005 9:42AM CEST
|
| |
|
| |
Candice Healy
(View Profile)
Canyon Country, California |
| |
|
|
| |
While it may appear "at first blush" that the board is overstepping their authority, it might be that the whole story isn't being told. Our association (past President) had strict NO STREET PARKING in the CC&R's.
The streets are city owned, but the builder, to get a variance to build more homes in the association area, established a no parking policy with the city. The main reason is narrowness of streets (28' wide). Emergency vehicles need at minimum 20' of clearance, school busses need as much, garbage trucks even more.
If you allow condinued/extended/blatent street parking, it's a disaster waiting to happen. Plus, who wants to live next to Ma and Pa Kettle. If folks want to live like that, move out into the country, but don't expect to move into an Association that has and enforces it's CC&R's to stop the world just for them.
To have a three car parking garage is a god send, but to have a board member tell you you can't park in your own driveway seems overboard. That's why it seems strange that a board would even say that. If it is a common parking area for flag lot homes that too is another issue.
John T
Posted Jul 15 2005 7:02AM CEST
|
| |
|
| |
J T
, Washington |
| |
|
|
