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EricS8
(North Carolina)

Posts:2

07/25/2008 7:26 PM
I just recieved a letter with a hearing date from my HOA, the violation that they are coming after me on is this: "We have been advised that you continue to use your garage to repair your vehicle and in turn using a parking space not assigned to you". First off I am confused, can a HOA tell you what you can and can not do inside your garage? Secondly, I have an agreement with my neighbor to use her parking space (I rent it from her on a monthly basis), if she does not care how can the HOA get involved in this matter. The covenants do not have any reference to what you can do in your garage, however the HOA has recently posted rules and regulations stating "No vehicle maintenance, repair, or bodywork is permitted within the community" I am not sure how the HOA can tell you what you can and can not do inside your garage, any help is appreciated. Raleigh, NC

SusanW1
(Michigan)

Posts:2117

07/25/2008 7:56 PM
I guess it's a matter of degree. Are you simply changing your oil are are you changing your transmission? Are the doors open or closed? Is there noise of is it done quietly? Are you out there at 11 p.m. using a welder, or something? No, the Board can't tell you what to do in your garage EXCEPT maintenance and repair on your vehicles! As per your using another person's parking space, let THAT person talk to the Board about the arrangement with you. Then she/he will know if those rights can be transfered to another person.

EricS8
(North Carolina)

Posts:2

07/26/2008 7:16 AM
I dont even work on my car anymore, I finished up a restoration about a year ago, every now and then I tweak something on it, but no, there is no welding or loud noises. My question is this, when we moved in there were no rules about what you can do in your garage, then the president and I had a few problems, now he is making up rules about the "no maintainence" and things like that. I am the only one in our community that ever worked on a car so I know it was created just for me. Is this legal? What is the difference between someone washing their car in their driveway and working on their car inside their garage. The door is almost always closed, if I open it, it is never open more than half way, and I always have a car in my driveway if I open the door half way. I definately understand how working on a car in your driveway can make a neighborhood look, but there has never been a situation where I touched my car in my driveway. Can an HOA create rules like this if there are no mentions of this sort of thing in the covenants?

BruceF1
(Connecticut)

Posts:529

07/26/2008 11:02 AM
I'm a little bit troubled by this. I can understand rules about what you can or cannot do inside your garage, or even inside your home, if it creates a disturbance to others. I can also understand about rules prohibiting conducting a business inside a home (including the garage), so an automobile repair "business" wouldn't be allowed. (Although, I am opposed to prohibiting professional pursuits in general, as that would rule out telecommuting and similar home based businesses.) But this doesn't seem to be anything like that. If an HOA can prohibit anything at all from going on inside your garage, even with the door closed and it doesn't create any disturbance, what's next? Can an HOA then prohibit anything that goes on elsewhere in your home, including your bedroom? Seems to me we're on shaky ground here.

HaroldS
(Arizona)

Posts:904

07/26/2008 11:10 AM
"No vehicle maintenance, repair, or bodywork is permitted within the community" I would request them to explain the specific CC&R they devised this rule from. So if you have a flat tire or dead battery, you cannot fix it or have AAA come? Rules need to be reasonable. I think a judge would find this rule unreasonable, and if you can prove it is aimed specifically at you, much better. I lived in an apt once that had a rule forbidding non-vehicle-owning tenants to assign their parking space to anyone else. The apt manager could only do that. It was in our lease. Does your HOA documents give control of parking spaces to the board?

TonyM3
(Arizona)

Posts:131

07/26/2008 11:57 AM
I'd bet the board believes they are acting withing their scope of power. Sounds like you live in high density housing (eg assigned parking spaces). Vehicle restoration, maintenance and repair can be noisy, messy, smelly and dangerous. All things the HOA probably has the responsibility to regulate as per the nuisance and blight clause in the covenants. Even though your precedent setting restoration was overlooked I'd have to say it probably ruined it for the poor guy who just wants to check his own fluids.

SusanW1
(Michigan)

Posts:2117

07/26/2008 12:38 PM
"No vehicle maintenance, repair, or bodywork is permitted within the community" This "rule" is so vague that is would be difficult to even explain. Ask to see the minutes of the meeting where this rule was passed. You might be able to see where and why this was passed and what prompted the Board to pass it. (You suspect it is because of you, but even that needs to be confirmed)

TonyM3
(Arizona)

Posts:131

07/26/2008 12:45 PM
Posted By SusanW1 on 07/26/2008 12:38 PM This "rule" is so vague that is would be difficult to even explain. Vague? Seems to be straight forward and succinct to me.

SusanW1
(Michigan)

Posts:2117

07/26/2008 12:52 PM
"No vehicle maintenance, repair, or bodywork is permitted within the community" I can't change my oil? I can replace my wiper? I can't wax my car in my driveway? Check my fluids? Even in my own garage? I understand the Board's intention - and think that restoring a car should even be prohibited, but the wording needs to be more specific to prohibit the kind of activity they really don't want.

TonyM3
(Arizona)

Posts:131

07/26/2008 1:03 PM
Posted By SusanW1 on 07/26/2008 12:52 PM I understand the Board's intention With all due respect, maybe you don't. All those things can reasonably be done elsewhere. If you get busted for changing a wiper blade then you probably deserve it. lol

HaroldS
(Arizona)

Posts:904

07/26/2008 2:10 PM
How do you "go elsewhere" to change a flat tire or a dead battery? This rule indeed precludes any ministration to a vehicle. There are no "exceptions." It is unreasonable and is ripe for selective enforcement - which OP believes is the case.

GlenL
(Ohio)

Posts:1362

07/26/2008 2:45 PM
Posted By BruceF1 on 07/26/2008 11:02 AM I'm a little bit troubled by this. If an HOA can prohibit anything at all from going on inside your garage, even with the door closed and it doesn't create any disturbance, what's next? Can an HOA then prohibit anything that goes on elsewhere in your home, including your bedroom? Seems to me we're on shaky ground here. Funny you should bring that up. Last Thursday NBC aired a fictional (I hope) story about a gated community that was so controlling it had 24/7 video monitoring of every room in the homes. Do something wrong and it was broadcast to the community and violations of any type including not being able to reproduce brought strict and public punishment.

TonyM3
(Arizona)

Posts:131

07/26/2008 5:42 PM
Posted By HaroldS on 07/26/2008 2:10 PM How do you "go elsewhere" to change a flat tire or a dead battery? A tow truck is a good option. I think its much more practical to write a ten word rule that prohibits all behavior and then grant reasonable exceptions on a case-by-case basis than to write a thousand words trying to include all scenarios and having to constantly revisit/rewrite the rule when a new scenario pops up.

KirkW1
(Texas)

Posts:1110

07/26/2008 7:05 PM
Eric, Here is the situation in a nutshell. Your only recourse outside appealing at the meeting is a lawsuit. And the HOA has much more money in the bank for defense then you likely have for mounting the suit. And the board unfortunately probably knows this. If the garage is your and yours alone and you are not causing a problem to others then I don't there shouldn't be any problem. But I don't live in your neighborhood. Most places have prohibitions from working on your car out where people can see it. But it would appear that you have worked to address this.

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