Legal Question in Real Estate Law in California
HOA vs. Homeowner question
HOA is currently asking homeowners of the community to park 2 cars in their garage. However, many owners like myself have already designed the garage to park 1 car only (ie: installed cabinetry, etc). Also, there were no mention of this ''requirement'' on the purchase contract, and no mention of this 2 car requirement at anytime, prior to now.
My question is, how is it that the HOA can ask the homeowner what they can or cannot do with their garage? Especially there was no mentioning of this issue prior to me purchasing the house? I assume that the Garage comes with the house, and therefore I can do whatever I want with it?
How can the HOA ask the homeowner now, to spend more money and labor and time, to solve a problem that wasn't properly addressed prior to the purchase?
I feel like what I do with the garage is my business, and not the HOA's. In no way do I feel like i am VIOLATING anything?!
Thank you.
2 Answers from Attorneys
Re: HOA vs. Homeowner question
HOAs often, but not always, have broad powers to enforce CC&Rs, architectural standards, and use of interior and exterior space. Maybe there is nothing specific in the HOA contract, rules or the CC&Rs, but just maybe there are several rules which when read together would have the effect of prohibiting your garage modification. There might, for example, be a requirement that all homes when built have two-car garages, plus a rule requiring architectural committee approval for interior or exterior modifications affecting floor plan, etc. Or, there might be a rule requiring HOA approval of anything requiring a building permit. You may want to confer with an attorney who can assist you in interpreting your HOA contract, rules and CC&Rs and maybe give you an interpretation that supports your position or shows you where your position is weak.
Re: HOA vs. Homeowner question
Mr. Whipple is correct; HOAs are granted broad powers because they regulate how you use your property. Our CA member attorney can assist you if you wish in determining whether your HOA have made any procedural or legal errors you could capitalize on. NanceGroup.com
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