Legal Question in Real Estate Law in California

Hello...

Thank you for your advice..

I live in a town home which has a homeowners association.

I have been targeted for not letting them inspect my Garage which I own and is attached to my home.

They have a rule that states I must use my garage for its intended purposes before I can get a parking permit to park in the communities spaces. I refuse to have them check my garage and charge me $25.00 to do so...I park on the street .. But they still insist that I have an inspection.

I am the only one in the community that they have requested this from

There are over 50 open spaces in our community every night. Many home owners have to park in other neighborhoods just to park their cars.. I asked the board what happens if someone gets hurt because of their policy..They say the rules are the rules and that they are not responsible.

The board have also mentioned in Public that famlies with children should not live in the community and that if you want to work within the community that you must speak English..

Thank you..

George


Asked on 8/16/10, 6:41 pm

3 Answers from Attorneys

It is both common and reasonable for a HOA to allocate common areas of the development under reasonable rules and regulations. Where parking is a limited resource of the HOA, it is perfectly reasonable to have a rule making sure that people are not using their garages for storage, and then asking for parking permits. If you choose not to comply with the rules, which you agreed to by buying the property, by the way, then you choose not to receive a permit.

Read more
Answered on 8/21/10, 6:52 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you can prove they really said those things about children and non-English speakers (and you have kids or are a non-English speaker) you may have a good case for discrimination. I don't know why you didn't check out the HOA rules before you bought your property, you could theoretically challenge them but they probably have more ability to fight a court battle than you do.

Read more
Answered on 8/21/10, 6:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If I were in this position, I'd let them inspect the garage. If you have something to hide in there, don't let them inspect it, but be prepared to suffer the consequences.

Read more
Answered on 8/21/10, 9:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California