Legal Question in Civil Litigation in California

Homeowners association parking procedure
The home owners association where I live sent out a letter (2 days ago)stating
that effective 09/04 any resident not parking their cars in the garage or
driveway would have it towed. They quoted a CCR (I am having trouble
locating my book) stating the board has the authority to establish ''parking'',
''guest parking'' and ''no parking'' areas within the common area. An owner
could request a placard but would have to undergo an inspection prior to
receiving it. They also stipulated that any guests must have their vehicle
information called in to the office which would include length of stay. The
letter also stated that a number of parking programs have been attempted in
the past with mixed results. I have been living here for 10 years and know of
no parking programs (except a fire lane issue).
I (as well as my neighbors) am outraged by this letter and want to know how I
can legally contest this issue. I am meeting with the board tomorrow at 7pm
to present my view.

Asked on 8/02/04, 7:59 pm

2 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

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Re: Homeowners association parking procedure

I specialize in HOA as well as Real Estate Law and Business. You need your CC&R. Also, I need clarification on the following in your question, "The home owners association where I live sent out a letter (2 days ago)stating that effective 09/04 any resident not parking their cars in the garage or driveway would have it towed." A HOA needs to provide notice of the meeting wherein they made the decision. You can inspect the books and records to determine their discussion and look at the CC&R at the same time. If you need representation, contact me.

Answered on 8/03/04, 1:47 am

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