Legal Question in Civil Litigation in California
My wife and I own a single family home and live in a gated community. We park one of our cars which is new in the garage. Due to lack of free space in the garage, we park the second car which is almost new on our private driveway. Our both cars are fully registered and have comprehensive insurance.
To protect the car that we park on the driveway against sprinklers, sun, and more, we have bought a new and high quality car cover and cover it when we do not drive the car.
The HOA has been insisting that our car on the driveway is inoperative and we should not store it on our driveway.
Although we have provided the HOA with proof of the car�s insurance, a copy of the DMV registration card, and sent them a picture of the car license plate showing that the vehicle has valid registration that will expire several months from now and also told the HOA that we do drive the car and put mileage on it , the HOA continues to press their baseless claim that the car on our driveway is inoperative and we should not store it on our driveway. They are also threatening that if we do not move the car to our garage, they will tow our car. And give us citation to pay fines
We find the HOA�s attitude, especially because of one particular member who has harassed some other residents totally outrageous. We also feel emotionally and mentally distressed about this matter.
How can we defend ourselves against the unreasonable and unfair stand of the HOA?
If they tow our car from our private driveway, it will cause us lots of hardship.
Do we need to hire an attorney to sue the HOA for malicious harassment and infringement upon our legal rights?
Thank you for your help.
1 Answer from Attorneys
It's hard to tell you exactly what your rights are without seeing the CC&Rs;, your correspondence with the HOA, and other relevant materials.
Based on what you've said, it seems unlikely that you could sue the HOA successfully. It seems even less likely that doing so would be cost-justified. But you may want to have a lawyer write a stern letter to the board. That might be enough to make the HOA back down. It could also be useful evidence later if the board takes further action against you.
I might see things differently if I had more information.
Good luck.
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