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Monday, October 18, 2021











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Subject: Car in parking space
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Author Messages
WayneG1
(California)

Posts:16


09/15/2021 6:57 AM  
An owner has had his car parked in the garage for a few years now
It is sitting on flat tires and all the oil has leaked out into adjacent spaces
And has made a real mess. He has been asked several times to move it it has refused.
He also owes the Hoa a lot of money for unpaid fees. Does the Hoa in have the right
To have it towed or can they put a lien on it. I don’t see anything in the CC and R’s
CathyA3
(Ohio)

Posts:2464


09/15/2021 7:09 AM  
Is the garage his own personal space, or is it common area?

If it's his garage, the most you can probably do is go after him for damaging adjacent space that he doesn't own personally. Or if your CC&Rs prohibit keeping hazardous materials inside homes, you may have some leverage.

If the garage is common area, then the association can make reasonable rules about what's allowed, and many CC&Rs state that inoperable vehicles may not be parked on common area. If your community is a tow-away zone and you have the proper signage posted, you may be able to tow the car. (The association has to be careful with towing - they can't just decide to do it one day.)

The real problem is getting the owner's attention. Monetary penalties are probably worthless since he's not paying assessments, and fines also have to be allowed by your CC&Rs and a fining schedule published ahead of time. Fines *may* be worth doing if your state and CC&Rs treat fines as assessments, allow you to lien the property for non-payment of fines, and to foreclose for non-payment.



PatJ1
(North Carolina)

Posts:246


09/15/2021 7:12 AM  
You can start by reviewing Vehicle Code here:

https://www.davis-stirling.com/HOME/Statutes/Vehicle-Code-22658

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
MaxB4


Posts:1339


09/15/2021 12:35 PM  
If the car is parked in the common area, then the association has the right to have it cited and then towed. If is their property and the garage is enclosed with a garage door, then no, it does not have the right.

An HOA in California cannot lien a property for unpaid fines or violations. It can record a lien on unpaid assessments, as long as proper California procedure is followed.
AugustinD


Posts:1672


09/15/2021 5:47 PM  
Posted By PatJ1 on 09/15/2021 7:12 AM
You can start by reviewing Vehicle Code here:

https://www.davis-stirling.com/HOME/Statutes/Vehicle-Code-22658
I agree.
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Forums > Homeowner Association > HOA Discussions > Car in parking space



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