What should you do when your HOA is acting outside of reasonable enforcement limits? Let’s discuss this important question today.
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Our client Alexander recently asked us a great question: What should you do if you feel like your homeowners association (HOA) has overstepped its bounds?
Alexander reached out to us because this is exactly the position he finds himself in. His HOA has sent him a citation for parking on a public street, and a warning for storing belongings in his garage.
HOAs have no authority to disallow you from parking on a public street. But be sure to read your HOA agreement carefully, as certain streets that appear public may actually be private.
As for the warning Alexander received for using his garage for storage. This also surpasses their rights. Your HOA should not have any reason to govern what you keep inside of your garage.
Choosing Your Battles May Also Be Prudent
Knowing your rights when living within an HOA is important. Yet choosing your battles may also be prudent depending on the circumstances.
So what should Alexander, and others in a similar position, do?
First, review your HOA’s CC&R (covenants, codes, and restrictions). Reading over the sections that discuss what you can, and cannot do will help you be aware of your specific rights.
Second, make sure you fully understand any parking regulations. Most HOA Restrictions will contain stipulations regarding when and where you can park your vehicles.
Also, if you do suspect you have been unfairly punished beyond the HOA’s enforcement limits. Attend the next meeting before pursuing legal action. You may find that by courteously explaining your situation to those in charge. The issue could be resolved internally.
If such an interaction is ineffective, though, you may need to get an attorney involved. At this point, having a lawyer send a strong letter written on your behalf to the HOA may do the trick.
The bottom line is that knowing your rights when living within an HOA is important, yet choosing your battles may also be prudent depending on the circumstances.
If you have any other questions or would like more information, feel free to give me a call or send me an email. I look forward to hearing from you soon.