Legal Question in Real Estate Law in California
Owners rights to common a linrea the same as tenant
Other than voting and going to HOA meetings, there are no special exceptions except only an Owner can use the RV area to store boat.
HOA says I am not owmer. I have a long term lease, I am a permanent resident and claim I have the right to all other facilities, why not RV area? What codes say
Tenant has all rights of owner, unless specified? Complex is all owner- occupied except 6 rentals ''grandfathered''in until the 6 units are sold. I believe it is ''as if'' I was the owner. In my lease, my landlord gave me his rights to the RV area specifically.
Rules say Landlords forfeits all their rights to me, as Tenant, except as noted
2 Answers from Attorneys
Re: Owners rights to common a linrea the same as tenant
It appears that your Declaration may preclude you from using the RV parking. You are not an owner, you are a tenant, and the person that leased you the property would be considered a non-resident owner. Generally, a restriction found within a Declaration will be considered valid unless it is deemed unreasonable. I think that you may have an argument that the restriction is unreasonable if the community Declaration favors leasing. Of course, getting a Board to listen to you on this matter would probably require an Attorney writing the Board a letter. Feel free to contact my office via email/phone if you want to pursue this matter.
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Re: Owners rights to common a linrea the same as tenant
Tenants don't have all rights of an owner. What gave you that idea?
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