A UNIQUE parking problem

Okay...this is a little bit different.
I live in a new condo (less then one year old) in California which consists of only 3 units. We only have one driveway (only common area we share) that connects ALL of the garages. (there are no parking spaces)
My neighbor has been parking outside of her garage since they have moved in and we allowed it because the husband asked us if it was okay temporary as they moved from a bigger house to a smaller condo and they needed time to empty out their garage. It's now been a year and I asked my neighbor to put her vehicle either in the garage or out on the street.
We just bought a bigger car and my wife has found it difficult in backing into the driveway with the neighbor’s car there.
Our CC&R states that:
1) The common area is to be free of any vehicles
2) You can not use your garage as an office/game room (she is using it as a storage/office area)

The HO/neighbor is also going through a divorce now and she wasn't very happy when I asked her, in writing, to move her vehicle and keep the driveway clear.
I know I need to put up a "No Parking" sign, etc. Here is the unique part, I became the "President" of the HOA only by default because no one else wanted it and we pay no dues. We only need to worry about the external insurance policy for the condo and common area (driveway).
My neighbor is claiming I have no legal basis to force her to move her vehicle because we have "no HOA". I told her that was false and we do have an HOA policy and CC&R's in place.

I have notified the police and they will enforce parking restriction once I put up the 'No Parking' sign.

If the CC&R states the California vehicle code 22658.2 is enforceable, can I go ahead and put up a sign and then have it towed or ticketed?

Since we pay no dues, any and all cost in regards to this (No Parking sign) will be paid 'out-of-pocket.

I agree.

A three unit condo! That's going to be fun enforcing rules when there are just three of you living so close. Don't envy your situation. Hope none of them turn into a rental. Harold

not sure how you can have outstanding expenses as an HOA, but not have dues/assessments. Was it simply on the honor system?

if so, then you now know that the honor system doesn't work among those without honor. What does the insurance cover? why do you have it?

What does your CC&R's say about maintenance, insurance, and about expenses, dues assessments, etc?

hi folks,
one thing that you can do is when the mortgage company of the person who is buying the unit requests a 6-D certificate you can send it back with the amount of money they owe for insurance etc....

then they will be forced to pay it or you can possibly collect it at closing if they really want to sell their unit.

my two cents.
kathy

Since you are in California, read Vehicle Code 22658 as amended on Jan 1, 2007. You must post a sign of a specific size with certain wordage. You should have a written agreement with a towing company (who's name must appear on on the sign). You must be present when the vehicle is towed.

Your best bet would be to declare the area a fire lane and so mark it. Removal of a car from a fire lane is much simpler.

I can't believe that your CC&R's don't provide for an assessment (either monthly or annually)! Check to see if the CC&R's were filed with the Secretary of State. You may have an illegal condo on your hands. You should have a reserve budget for driveway resurfacing at the least and, if a common roof is involved, a reserve for reroofing and possible repainting of the exterior. The insurance should be paid from an operating budget. Both should be funded by monthly or annual assessments.

Thanks everyone for all of your inputs. I apologize for not getting back here any sooner, but with the holidays and a death in my immediate family, it was hard to log on.

Well, nothing has really changed except that we (my wife and I) received a notice that as of Jan 08, 2007, our Home Owner Policy (for the exterior and common area) was to terminate because of 'none payment'.
As I mentioned, we paid our share ($511 of $1533) back in September of 2006, but the other two owners never paid.
We had no choice but to pay the remaining balance and now have given both parties a 'pay in 15 days or else' notice.
I want to also mention that the city in which we live has a rule that if the HOA has less then 5 units, no monthly assessments is required. They do this because the area in which we live is considered the 'old town' section of the city and they are trying to do the 'get rid of the old and in with the new' situation, so they are more flexible in their rules. Even though, our CC&Rs are enforceable. We did talk to an attorney and he said that the CC&Rs state that insurance is required and that basically, the law is on our side.
I have heard that both of the other two owners plan on selling (one has already a for sale sign up) and I was thinking of putting liens on both properties. Can I do that as an individual but not part of the HOA?

Thanks for everyone's input to this situation.

Michael