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A Letter
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Parking company is towing, booting and fining residents
Poor planning by builder and board rules create havoc for vehicle owners
August 26, 2003
By
Mark Walker
Copyright AHRC News Services
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Is there a solution? I have the same problem. Not enough parking. Only two parking spaces per unit. When this rule was put in the documents it was intended to be used only with units that were abusing of the parking spaces available. Some unit owners were using the parking lot to store cars, up to 5. Now the board is using the rule strickly by the book. I know the intention of the rule because I stupidly wrote it!
Other than changing the board members, which unfortionately is imporssible since this community is a stale community of people who are not active in any issue, what steps can be taken to take this issue back to the board and demonstrate that it should not be a strick two spaces per unit.
We guarantee one reserved space. We should offer guest space if it is available one for one one bedroom apartments (total two), and two for two bedroom apartments, all spaces need to be confirmed by demonstrating insurance and up to date tag for obtaining a sticker.
The management and board states that there is not enough spaces, well obviously that is why we don't gaurantee the guest space but specify that if it is available they may use it.
One board member says that all associations do this. Are there any statistics on this? Are there any legislation issues or court cases on this?
Posted Oct 20 2005 3:57AM CEST
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Marta Zayas
, Florida |
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I feel your pain. I am experiencing a similar situation in our Homeowners Association - Union Mills Community Association, Clifton, Virginia, although it's not quite as bad as your situation.
Beginning on 9/1/05, a new parking policy will go into effect which will effectively ban any household from owning more than two vehicles. I say "effectively", because there is one alternative (to park on Ruddy Duck, .25 miles away from our portion of the community). No longer will residents be able to park in ANY visitor spaces between 9 am - 9 pm.
Families with more than two vehicles, some of whom have lived in the community for 14 years, are forced to sell and move out. My wife and I only have two vehicles, but we are concerned what the new policy might do to property values and our quality of living. I've launched a blog at http://unionmillsparking.blogspot.com/ to expand dialogue on this issue and encourage any input from other HOA residents who have had similar experiences. I can be reached via email.
Thanks and best of luck resolving your situation!
Posted Aug 12 2005 6:08PM CEST
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Eric Strauss
(View Profile)
, Virginia |
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Your HOA and everything that comes with it, i.e., the parking police, lawyers, managers and other various and sundry vendors, are nothing but a huge liability.
If there is any way possible, I would dump this liability and move into a real home without the added burden, dangers and expense of HOA living. This may unfortunately be ONLY THE BEGINNING of your problems.
You will never know, from one year to the next just who is really in charge of your money and your home. Year after Year after Year after Year of living in a corporation takes wear and tear out of your happiness, life, marriage and wallet.
Your "bedroom community" has become a "corporate board room".
I can't get into any of the legal, or should I say "illegal" reasons they have for constricting your parking style and siccing the parking police on all of you but it doesn't take a rocket scientist to figure out that something is amiss.
Maybe someone out there has a quick buck to make.
Maybe one of "THEM" owns a parking ticketing company or a towing company.
Or.......worst case scenario, one of the HOA housing bandits owns a FORECLOSURE company just waiting in the wings to snatch the first home up for foreclosure because the owner refused to pay their "illegaly imposed" parking tickets.......... hmmmmmmm.......or worse, they never really even GOT the ticket and by the time they found out about it - BAM!!! foreclosure notice on the front door.
Be very very careful about hiring a lawyer or suing the HOA because the minute you do that, the HOA housing bandits will have all the hired guns covered by your dues. Think about it. You sue, insurance kicks in. They are covered. You aren't. You continue to pay your dues that covers their legal expenses PLUS all of yours.
And there ain't nothin' pretty about a courtroom. Hundreds of hours and too many days will be spent going from your bedroom, to the boardroom to the courtroom. Not a way to live.
God forbid you don't end up in bankruptcy court because it seems like these days, homeowners rarely win and if they do, "each pays their own fees and costs" seems to be the order of the day - EVEN THOUGH THE CIVIL CODE SAYS LOSER PAYS - don't matter to the retired judge on a pension with an agenda.
Anyhow.......four simple letters can solve your problems......H_O_M_E_.......move into a HOME not a corporation.
I am,
"Joe HOME-owner"
Posted Sep 1 2003 5:32AM CEST
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Username withheld
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In California, the C C & R's can be amended with a vote of the owners. Regardless of what your C C & R's say, your state law probably trumps the C C & R's. In California, the state laws are online, and California's CID laws are under Civil Code.
(http://www.leginfo.ca.gov)
I'd check the Arizona laws to determine how many days' notice homeowners must be given to return a ballot. California has a specific number of days, and I would imagine Arizona does too.
They may try to get out of it because the ballot was not legal, i.e., the ballot did not allow homeowners the required number of days to vote, and that's how they can say they were "gauging" the membership and the vote wasn't a legal one. (Did it say "Ballot" at the top?)
If you've determined that the ballot and voting was legal, then you and your neighbors will have to (yuck!) file suit in court. A Board of Directors cannot overrule the voting of the members.
The caveat here may be that the Declarant (builder) is still involved. This is beyond what I am familar with. Regardless, I think it's time to see a real estate attorney.
Posted Aug 27 2003 12:30PM EDT
Posted Aug 27 2003 8:55PM CEST
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Username withheld
San Juan Capistrano, California |
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I am in agreement withose who wish to be able to park vehicles on streets, keep recreational equipment on property, etc., all, without being fined, having vehicles "booted," etc.
(1) Sales personnel mis-informed buyers.
(2) The (original) CC&Rs opt for the buyers' POV, not that of Trent Homes.
What the buyers now need do is vote in a new Board of Directors. Those now in power needs be re-called.
Meanwhile, plaintiffs must obtain a "stay" such that they are able to park etc as originally promised and until a new BOD can be voted into power.
Posted Aug 27 2003 8:01PM CEST
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Jeff Sullivan
(View Profile)
Tucson, Arizona |
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We have a similar restriction at Oxford Court in Irvine, CA: guests must park in the closest shopping center parking lot. We, however, are allowed on extra auto other than the two that fit in the garage. Other restrictions that apply are, no commercial vehicles are allowed, autos cannot be backed into the parking slots and no car covers are allowed.
This, however, happens to be the least of the many problems you might face. Be aware of the "scams" being perpetrated by Associations thoughout the country.
The Association in our case, as in many others, alledgedly did not receive our Association dues (this was in 1998-1999) which had been paid - we have all cancelled checks - and extorted almost $2K from us.
They - actually the attorneys representing Oxford Court and PCM, the management company - filed a complaint(commonly known as a lawsuit) after cashing the checks and did not dismiss it for almost 6 months, not notifying us of the dismissal. We then filed a complaint in propria persona and this goes on and on for the the last 4 years with 2 trial dates vacated, 4 motions to strike, one trip to the Court of Appeal filed by the attorneys (we prevailed), a summary judgement and now another Appeal, we as appellants, two more summary judgements and and another trial date.
All this with no prior legal experience to speak of (my wife has 1 yr of law school and has taken most of the paralegal classes).
I know this has nothing to do with your parking problem. But it provides an example of the dictatorial, tyrranical nature of these Associations who, because of the Davis-Stirling Act, can act without due process, file liens and foreclose on homes (for no reason other than those they have invented) and sell the home without the owner's knowledge.
They will also say letters were sent informing the owner but, mysteriously, the letters are not received. In our case, PCM was released for mismanagement and replaced by another management company, the law firm was broken up and reorganized (2 partners left)and at least 3 of the attorneys including the appelate attorney disappeared. All this has happened to date and we have not yet gone to trial. Little did they know when they attacked us that they would have a "tiger by the tail", i.e., my wife.
Posted Aug 27 2003 4:43PM CEST
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Username withheld
Newpot Beach, California |
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