|
|
|
|
|
|
Question & Answer
|
|
Can the Homeowners Association deny my parking on premises if I fall behind on my maintenance dues payments?
I would like to work something out to get current
April 29, 2008
By
Blanca
|
|
|
|
| |
Under no condition can any HOA not let you park on your property, regardless of by laws. Look at you state Statutes and look under condo assoc or homeowners. This is considered an illegal foreclosure also look to see if any new leg has been pass like here in Florida BH995
Posted May 17 2008 5:27AM CEST
|
| |
|
| |
pat moe
Homestead, Florida |
| |
|
|
| |
Dear Homeowner:
This answer is no in Florida. Even under Forclosure by ASSociation they are not allowed to deny acces to your home. Only until forclouser. Fines are not allowed to withhold u from opptaining your right to peace and enjoyment of your property. This is called an illegal Forclosure and they can be held accountale. Does not matter what by law states, only Statutes dictate this. Look in your state Statutes. I was a paralegal for 15 years and believe me, my assoc and magangment company all new dont like what I dictate to them at all. they ahve no clue. It does matter if you have not paid fines, only Forclosure and it has to be forclosed.
Pat Moe
Posted May 16 2008 4:21AM CEST
|
| |
|
| |
pat moe
Homestead, Florida |
| |
|
|
| |
When you purchased your Home, or Condo, and with that purchase, you were given assigned parking, then they can't touch your car. If you break the rules in the CCR's, like working on your car or parking in someone elses assigned space, they can give you notice and tow your car at your expense.
I believe they have to give a 24 hour notice to move the car. If your car is where it's suppose to be...then you only need to work out catching up on Assessments, not including Late Fee's. Your best bet is to look through your CCR's. Many don't and seem to allow the HOA to gain control.
Be Smart. Stay on top of your sitution. Good Luck.
Posted May 3 2008 7:16PM CEST
|
| |
|
| |
Username withheld
Mesa, Arizona |
| |
|
|
| |
The Bylaws of the HOA will dictate whether or not they can disallow parking. But, that is a minor issue compared to the foreclosure wrath that a dues deliquency will likely invoke. In this regard, a scam employed by attorneys for the HOA is to run up attorney fees, for alleged collection efforts of the associan dues arrearage. (typically provided for by state statues as well as the terms of the hoa bylaws). Believe that it doesn't matter, if the law is in your favor, they have all kinds of tactics for circumventing the law to ultimately steal the equity in your home via foreclosure. (A variant of this scam is posted all over AHRC). The legal nightmare they will put you through is not worth the cost in fighting it and they always win with tactics. Further while you are fighting it they are chalking up attorney fees, to oppose your efforts for judicial intervention.
Also, you cannot trust thier sheneghans - they will mislead you with the promise of a payment plan but than misapropriate the payments to pay legal fees, etc. (They want you to have a dues arrearge so the equity can be stolen by foreclosing on a lien for attorney fees).
The only way to prevent all of the above is to not have any arrearages, dues or otherwise on your HOA account. Someway find a way to pay it, even if it means borrowing the money. But, if you feel that the HOA is forthright and that they will not sick vicious attorneys on you - than a payment plan might work, so long as you enter into an enforceable contract for same. (See an Attorney so that you can also include language to insure that the payments will be applied to dues arrearage and nothing else; and, to insure, that they have not already filed a lien against your property, for attorney fees, etc.
Good Luck.
Posted May 2 2008 4:39PM CEST
|
| |
|
| |
Cheryl Warren
Farmington, Michigan |
| |
|
|
| |
Dear Blanca,
I applaud your willingness to attempt to "work something out as far as making payment arrangements to bring the account to positive status." This attitude alone will probably buy you a good reception by your Board of Directors.
I gather from your question that there must be some kind of assigned parking spaces in your HOA. The association can not prevent you from parking on your own property. However, if parking is done in some kind of common or exclusive use common area, then the association may have some ability to stop you from using it. The details for this are probably in your CC&R's.
Suspension of common area privileges will probably vary from association to association but could include any or all of the following:
1. Use of the recreational facilities such as the pool, gym, tennis courts, etc.
2. Use of the clubhouse for functions unrelated to association elections.
3. Valet parking (mostly high-rise associations).
4. Receiving and sending calls through the association's switchboard (mostly high-rise associations).
5. Announcement of guests (mostly gated communities and high-rises). Guests can be turned away and told to contact the owner and have him/her meet the guest at the front gate or building entrance.
6. Removal of their name from the front door Centex.
7. Guest parking privileges, i.e., guest may be required to find parking outside the development.
8. Signing for packages and deliveries (mostly associations with onsite staffing).
9. Driving on the association's streets (gated communities).
10. Other privileges will depend on the particular association.
Please note that these are all privileges that are paid for by a combination of all homeowner's dues and/or assessments. When one homeowner fails to pay their share, the Board may deprive that homeowner of the use of the common privileges. Try to work things out with your Board. Remember, they are your neighbors and they're paying too.
Thanks, Bill Mills
Service 1st Mediation & Ombudsman Services
San Clemente, CA
Posted May 1 2008 5:19PM CEST
|
| |
|
| |
Bill Mills
(View Profile)
San clemente, California |
| |
|
|
Return to 'Can the Homeowners Association deny my parking on premises if I fall behind on my maintenance dues payments?' |
Submit a comment
|
|
|
|
