Legal Question in Real Estate Law in California
HOA CC&R'S on boat parking.
My CC&R'S State ''No boat shall be parked on any lot except if wholly withing his garage, or common area.
Based on the above I interpretes the rule as reading that as long as the boat was wholly within my common area (side yard behing gate) it was permitted.
Any suggestions, I go in front of the board on the 22nd to plea my case.
1 Answer from Attorneys
Re: HOA CC&R'S on boat parking.
This is the third posting of your question.
In a reserved manner tell the Board that you will do as they say, but you honestly believed that the rules meant that you could park the boat in the side yard. If it can not be seen from the street or by your neighbors, bring in photos; if you can get statements from neighbors that it does not bother. Download the two favorable lawyer responses you got and tell the Boards that even attorneys think you were right, and the sentence is poorly written and punctuated if the interpretation is different than yours, but you will accept their decision and abide by it, but it would be unfair to fine you as to a rule that is so difficult to understand in that fashion.
Before that, see if you can work something out with the general manager. If not, get some compromising photos on a majority of the Board because your rationale is for a TV comedy show. What is the intent of the rule. Clearly to keep boats hidden. Is it hidden when parked on the common area street? Are you obeying the rule if you park it on your roof as it is on the house and not touching the land surface of the lot?
There are three areas in a condo complex. Common grounds/structures, private, common areas for exclusive use of the abutting neighbor [such as your side yard]. Obviously what the rule means is that no boat is to be on a lot unless it is within its own garage. Your clearly can not park a boat on the common area because then it is no longer available to everyone to use. The writer merely failed to put a comma after "lot". The Board will resent your acting like a hair-splitting attorney.