"Appropriate Legal Action"

Started by JodyW1 • 5 replies • 1666 views

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JodyW1 (Georgia)
Posts: 7

Posted:

We have a situation whereby a motor home is parked in the driveway in violation of the Protective Covenants. Our covenants are not clear on what action to take. It is my best guess that if we have to take the legal route that we have it towed away and impounded at the owner's expense.

Are those out there that have had to deal with the ambiguity of the covenants and would the action I suggested be appropriate?

Thanks

Jody

PjW (Virginia)
Posts: 71

Posted:

We usually try to send a letter first just a "Hey you can't really park that here" kinda thing.

What exactly to your rules say?

JodyW1 (Georgia)
Posts: 7

Posted:

We do have a pollicy of noifying the offender. I am curious as to what to do when he/she ignores the notices and we have to revert to legel action. We do not have nay procedures to impose fines in our bylaws, but if we did it would be an easy answer. teh covenants just state appropirate legal action will be taken.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Jody:

You need to check your state statutes for homeowner associations

PjW (Virginia)
Posts: 71

Posted:

you probably have something that's useable to discourage certain behavior - we do have fines but find the possible loose of parking rights works very well.

But definatly check your bylaws and if you have a property management company contact them, they are suppose to know what to do.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Jody,

You also need to check your State/County towing requirements. Many towing laws require specific signage, notification and time period between the notification and the actual towing when it is not blocking ingress/egress or causing a safety hazard.

Failure to comply with the towing laws could result in the Association paying for the tow and storage fees.

Has anyone tried just knocking on the door and talk to the owners to see what is happening?

Tim

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