DavidM8 (California)
Posts: 9
Posts: 9
Posted:
My daughter Sarah lives in and owns a Unit in a 7 Unit Complex in San Diego - 5 owner occupied, 2 owned by absentee landlords. Recently we formed a HOA and, last month, I took on the job of Secretary/Treasurer on a voluntary basis. The 5 owner occupiers and 1 absentee landlord are being fully cooperative. All our problems are emanating from 1 absentee landlord! One of the biggest problems is parking and I am trying to find out the legal situation or, to be more precise, who legally can park where. I have read thoroughly both the R&Rs and Sarah's deeds. There are some general comments but nothing precise of who can park legally in what spaces. Most of our problems relate to a Unit owned by absentee landlord. He rents out his two-bedroom condo to two people; each has a car and that uses two spaces that others are unhappy with as the condo comes with a garage and the owner lets this out to someone who does not live in the complex. My information so far is that we can re-write the R&Rs - does anyone have even the vaguest guess of the type of money we are talking about to hire an attorney for this type of project? I also need to know is it legal to include a clause that any garage or space can only be permanently used by someone who lives in the complex whether owner or tenant? Alternatively, is there any action we can take that would avoid re-writing the R&Rs. In other words can the present members vote in, for example, a regulation which could result in the absentee owner not being able to rent out the garage to someone from outside the complex. The present situation is that the owner is using up 3 "spaces" (garage and two spaces) when some owners only have one space and, understandably, they are not happy about it! No doubt there are other alternatives that I have not mentioned so please let me know if there are - thanks.