Press J to jump to the feed. Press question mark to learn the rest of the keyboard shortcuts
Found the internet!
r/HOA
10
Posted by3 months ago

Can my HOA get me sued?

Background: My HOA has an overly strict parking enforcement and require you to park in your garage unless you have a permit. This part is totally understandable.

Problem: I rented my condo and the tenants car does not fit. We were not given any height requirements when they announced the new parking enforcement. They denied him a parking pass, essentially saying that this new tenant has no options for parking and will be towed. Is this legal? The reason I ask is because what if I want to buy a big van for my new family? Can I not buy this solely because my HOA has too much power?

Additionally, is it legal for me to not rent my place to a family that is qualified but has a car that is too large?

I really need help/advice here.

47 comments
86% Upvoted
Log in or sign up to leave a comment
level 1

Short answer: Yes.

6
level 2
Op · 3 mo. ago

Thank you. So, how would you argue against it?

-2
level 1
· 3 mo. ago
🏘 HOA Board Member

>What if I want to buy a big van for my new family

This comes up frequently in parking. If the rule says 'all vehicles must be in a garage' for example, the fact that you buy a 3rd car or one that doesn't fit in your 2 car garage is not their problem, but yours. If your only car doesn't fit, that is also not their problem.

Now if they made a rule change without proper procedure or notice, that might be their problem.

>Additionally, is it legal for me to not rent my place to a family that is qualified but has a car that is too large?

NAL, but I imagine you would just convey the parking rule to them -- you aren't denying them a rental, but vehicles rules X are in place. Them complying with the car rule is on them.

15
level 2

I think the key here is when was the rule put in place. And if it’s a new rule did the board follow state laws and the master deed to incorporate it. If the rule has been in place for years or before this owner bought then the HOA is just following the already established rules.

4
level 2
Op · 3 mo. ago

Buying a third car isn’t relevant here. What if I want to sell my current car to buy a more suitable car for my growing family. Is it legal that something like an HOA has the power to put my family into a car I don’t necessarily want? When there is guest parking and a parking permit system. They just denied me due to car size

-2
level 1

I wonder what they would say if someone had an oversized vehicle to accommodate a wheelchair...

2
level 2
· 3 mo. ago
💼 CAM

Then they'd give the permit as a reasonable accomodation.

8
level 2
· 3 mo. ago
🏘 HOA Board Member

This might be getting into lawyer territory but not all buildings have to. As usual, the details will matter.

https://adata.org/faq/my-building-grandfathered-under-older-ada-standards-or-do-i-need-comply-new-2010-ada-standards

1
level 1
· 3 mo. ago
🏘 HOA Board Member

I would first be worried about the HOA being able to fine you in case you don't follow their rules. E.g. my state allows the HOA to issue fines up to $100/day that a violation exists. That fine would be assessed against the HO, not the renter. And $100/day add up quickly...

If you feel like this is HOA overreach you might want to look in your CC&Rs what the rule is about overruling the board. E.g. my community could void any rule the board implements with a 2/3 majority of all HO. So if the majority of owners doesn't like this rule, you might be able to force the board to change it.

2
level 1

So, you didn't think that a new rule saying you have to park in your garage, might want to make sure your new tenants vehicle fit?

How big is the vehilce, or how small is the garage?

Also yes this seems enforceable unless you want to rally the owners and deal with it that way.

2
level 2
Op · 3 mo. ago

2 tenants, a married couple. Wife drives a Mazda, never saw his vehicle. So no.

Vehicle is too tall. So how would you answer my issue. Say I need to have a wheel chair or need to get a van (vans would not fit), how would you approach this.

2
level 1

Bend over. They can and will enforce this until a board member acquires an oversized vehicle. Even then will simply acquire the permit they denied you. It’s organized crime.

3
level 2

Correct response

3
level 1

Also request an ADR hearing which has to be granted at the HOA expense

3
level 1

You have to look at the rules and bylawss

1
level 1

The way I would get around the renting issue is telling prospective tenants ahead of time and also putting in your lease agreement the rule. State that the tenant incurs all fees associated with noncompliance.

1
level 1
· 3 mo. ago
🏘 HOA Board Member

It's pretty simple.

  • If you have a parking permit you have to park in the garage.

  • If you park in the guest parking overnight, with a permit, you will be fined.

  • If you park in the guest parking overnight WITHOUT a permit, you will be towed.

So, to avoid fining your tenant for parking his oversized vehicle in the guest parking, the HOA denied the parking permit. Their only option is to find off-site public parking.

1
level 1

Just for the record…having to get a permit to not park in a garage is not understandable. But to be fair I also do not like HOA’s

1

About Community

This subreddit is for civil discussions regarding Homeowners Associations.
8.3k

Members

15

Online


Created Jan 9, 2013