Legal Question in Real Estate Law in California

How do I retort??

I was recently elected president of our HOA and am now in charge of enforcement of Rules & Regulations, etc.. We have a rule requiring vehicles to be approved; ie, community 'tag'; and in doing so, are requiring proof of ins. and registration. But a few folks are resisting providing this ''personal private'' information. Problem is, how do I retort this to them. It is not written in the R&Rs, but is considered to be supportive documentation to enable a community 'tag' to be issued. Thank you.


Asked on 4/03/02, 11:26 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: How do I retort??

You should adopt a Rule and Regulation requiring the information requested or no sticker can be issued. Our firm provides free consultation for all condominmium questions and I would be happy to speak with you on the phone in order to discuss this matter further as to your rights and remedies.

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Answered on 4/05/02, 7:49 pm
Victor Hobbs Victor E. Hobbs

Re: How do I retort??

I'm not sure that you need to collect the insurance information. However, the owners of the vehicles are required to show this to every policeman that asks for it, and to DMV when they renew their registration. There appears to be a valid reason to tag the vehicles. To tell the legal residents' vehicles from the visiting vehicles. The information you're asking for is necessary to be carried in their vehicles, and shown to any law enforcment or DMV personel that asks for it. I'd tell them it is necessary to insure that all the vehicles displaying the tag belong to residents and members of the HOMEOWNERS ASSOCIATION. And the proof of insurance and registration is nothing more than they are required to carry in their vehicle. And necessary to prove their ownership of the vehicle, and finacial responsibility in case there is an accident on the common areas of the association. That the association's insurance requires it. The federal government doesn't let you on a federal military reservation without showing proof of insurance.

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Answered on 4/03/02, 11:42 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How do I retort??

It is not entirely clear to me that the insurance information is essential to carrying out your tagging functions. If you had an R&R requiring all vehicles to be insured, that would be a different matter. I suggest you reflect upon whether you absolutely need the insurance information, and if not, drop the requests. This may make your term as HOA president smoother.

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Answered on 4/04/02, 12:21 am


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