HOA Rules about Renting a Garage and Violation Letter Question

Started by MarcC1 • 6 replies • 1990 views

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MarcC1 (California)
Posts: 2

Posted:

The problem that I have is a garage that is part of a condo is too small to park a car. So I decided to rent it out to a 3rd party for storage. The reason I did this is because the HOA dues for this particular unit are $50 more per month than an identical unit with no garage. I am a owner of 2 units in the complex. In the CC&R's it states that "No part of the property shall ever be used for any business,...storage, vending or other nonresidential purposes..."

I also got a violation letter in the mail giving me 30 days to comply with the rules. Only, the management company put the wrong unit number on the letter. Does this make the letter invalid?

The question I have are follows.

1.Is a garage that is far away from the unit considered "part of the Property" when they are using this as a reason from the CC&R's to not be able to rent?
2. If it says no part of the property may be used for storage, isn't the parking of a car in a garage considered "storage"?
3. Can I be charged more in HOA dues, if I have no use for the garage space since I can't park a car there or store anything?

Thank you for your help, I have done hours of research online and could not find any answers to these questions.

JeffP6 (Florida)
Posts: 91

Posted:

Was the garage part of the purchase for that unit? If it was then it is part of the property. Regardless of whether you can park a car in it or not. My developer made my garage too small to park 2 cars in does that mean I dont have to pay property taxes on that piece of my home? See the arguement is similar.

I would say that you need to comply regardless of whether it was sent to the wrong unit # or not. It may take the Board a little bit longer to rectify that mistake but in the end you will have to comply.

SharonB6 (Pennsylvania)
Posts: 70

Posted:

I am not trying to be rude but trying to give an honest answer. To me, it sounds like you are grasping at straws to win your argument. From what you typed it clearly states you can't use your garage as storage. The size of the garage is irrelevant. It's unfortunate because I too have a garage that is way too small for anybody to reasonably store a car.

MaryA1 (Arizona)
Posts: 388

Posted:

Quote:

Posted By MarcC1 on 10/19/2010 4:43 PM
The problem that I have is a garage that is part of a condo is too small to park a car. So I decided to rent it out to a 3rd party for storage. The reason I did this is because the HOA dues for this particular unit are $50 more per month than an identical unit with no garage. I am a owner of 2 units in the complex. In the CC&R's it states that "No part of the property shall ever be used for any business,...storage, vending or other nonresidential purposes..."

I also got a violation letter in the mail giving me 30 days to comply with the rules. Only, the management company put the wrong unit number on the letter. Does this make the letter invalid?

The question I have are follows.

1.Is a garage that is far away from the unit considered "part of the Property" when they are using this as a reason from the CC&R's to not be able to rent?
2. If it says no part of the property may be used for storage, isn't the parking of a car in a garage considered "storage"?
3. Can I be charged more in HOA dues, if I have no use for the garage space since I can't park a car there or store anything?

Thank you for your help, I have done hours of research online and could not find any answers to these questions.

Marc,

In answer to your questions:

1) No matter where the garage is located it is a part of your property and your property is subject to the CCRs.
2) You may define parking a car in a garage as "storage"; however, only the BOD has the power to define the CCRs and apparantly they do not define it this way. Frankly,IMO,your definition is a stretch!!
3) Yes. Apparently you are being charged more because your unit has more sq footage, this is quite common in condo communities.

Exactly what was your violation letter for -- running a business or using the garage for storage? BTW, IMO, the letter is valid even though the wrong unit number was on the envelope. The fact that you received it means the unit number really isn't needed.

If I were you I would have one question for the BOD: If no part of my property can be used for storage then what can my garage be used for if it's too small to house a vehicle? When we lived in LA we had a "boat garage". Since we didn't have a boat we stored our riding mower, other lawn equipment and tools in there. Perhaps your garage was not intended for a vehicle, but rather a golf cart or boat???? But, even so I do believe you should be allowed to use it for storage. And I also believe it would be a stretch to say you are running a business by renting out the garage. "Operating a business" should be defined by the BOD to indicate the type of business that applies.

SusanW1 (Michigan)
Posts: 5,202

Posted:

On the other hand, if he rented to a landscaping company, there may be lots of in/and and traffic around the garage.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By MarcC1 on 10/19/2010 4:43 PM

The question I have are follows.

1.Is a garage that is far away from the unit considered "part of the Property" when they are using this as a reason from the CC&R's to not be able to rent?
2. If it says no part of the property may be used for storage, isn't the parking of a car in a garage considered "storage"?
3. Can I be charged more in HOA dues, if I have no use for the garage space since I can't park a car there or store anything?

I am very close to Mary's side here...
1) Yes.
2) Perhaps. As stated, the board or court would define storage. One arguement (petty one, but one) is that as written, that rule is absurd: If i have a box of cereal in my pantry, isn't that storage? Or extra socks in my dresser? Storage of socks!
3)It depends on how your dues are based: square footage, accomodations, lot size, lot ownership... HOA's vary in how they charge dues.

To by-pass the business, you would have to rent a mailbox somewhere, and have the rent money sent there. Or, alternately, have the money paid via paypal or directly transfered to your bank. Do your 'business' by cell phone only, and do it in the street or off your property. As for the storage, well... The board has a point, and a badly written rule. I am not sure you would win with a judge on that. You might win, you might lose, but mostly, i bet a judge would rule that both parties lose.

MarcC1 (California)
Posts: 2

Posted:

Thanks for everybody's opinion regarding this topic. It seems like there are various thoughts and the only way to get an answer is to go to the next board meeting and talk to the board. I do know the president is not a happy camper because she is the one who confronted the gentleman renting the garage and called the cops on him so I imagine I won't get a favorable response.

I believe this is a non-business, but they may be able to enforce the rule because it states. "No part of the property shall ever be used...for other nonresidential purposes."

Sometimes I believe people should mind their own business and let me get my measly $75 a month to help defray the additional $50 I pay every month in HOA dues for an over sized storage unit because not car can ever fit in the garage.

I attached a copy of the CC&R's just in case anybody feels like spending the time to read the paragraph. Thanks for every bodies opinion.

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