Legal Question in Landlord & Tenant Law in California
HOA towing private car
I actually have two questions. First, I received a letter that an ''unused, inoperable'' car in my driveway will be towed unless I move it in the next 72 hours. The problem is, the car they're talking about is driven three nights a week to me to night classes I'm taking. I'm not sure if whomever is complaining only observes the car at home during the day and assumes it's there constantly, but I don't want to drive it all the time. (It's an old Mustang with gas mileage in line with muscle cars). Instead, I drive a more fuel efficient vehicle during the day, and then switch at night. Can the HOA come in to my driveway and tow my own car??
My wife and I recently removed some grass in the backyard so that our daughter can plant a garden. Yes, we had tools out, the removed grass was on the patio, and other parts of the lawn had actually browned from the overwatering to loosen up the section to be removed. Included in the same notice as the car, we were asked to begin proper backyard maintenance immediately or a special BOD meeting would decide on penalties. The property deed shows our backyard as being ours, yet the letter called it exclusive use of a common area. Eitherway, can inspections in our yard be done without our knowledge?
1 Answer from Attorneys
Re: HOA towing private car
HOA's are like dealing with the Nazi gestapo during WW II. They are extremely powerful, and it is like dealing with your own little police force.
So, first answer, is "yes", the can come and tow away your car.
Ditto, number two. I have recently been involved in a case where there were complaints about invisible holes in woodwork, for hanging wind chimes on a second level deck. (also, complaint about noisy chimes).
Read your CCR's carefully, and prepare to take these issues up at the next board meeting.
I wish I could give you better news. A lot of your remedies would depend on the CCR's.
E-mail, or call, if you need more.
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