garage space used as common storage

We have just passed a resolution that the garage space of an unoccupied unit can not be used for common storage. After the owner is given a notice to remove the items, we will access a fine of $10.00 per day if the items are not removed and if this is not paid we will put a lien on the unit.

It seems like I read on here at one time that an Association cannot place a lien on a unit for fees such as this, only for acctual assessemtn fees and late fees on the assessment fee.

I would appreciate any ideas or comments anyone has about this. This is related to the underage man that may be still "living" in the unit. He has moved his vechicle off site a few blocks away.

Bonnie

Are you saying that you have a garage space assigned to each unit and the space is to be used to park a vehicle (even a bicycle, moped, motorcycle, etc.) but not for general storage?

Makes perfect sense to me as you do not want the parking spaces to be come piles of junk.

Even if the unit does not own the parking space, it is assigned to the unit and fining for misuse only seems fair to me.

Hope this helps.

Bonnie, if there are a lot of spaces in one garage (like we have), our rules state that ply one car and personal shopping cart may be kept in the space. Each space is deeded to a unit and is exclusive use common area. But I can't tell what your situation is. If like ours, you should be able to notify the Owner that the stuff will be removed and stored for xx amount of days. In the notice, in form him that if not retrieved after xx # of days it'll be donated or discarded. But you need to check, probably your state laws, on this final step.

I agree with Tim that your Board's wording sounds unclear.

I still need some clarity, Bonnie. You say that the spaces are "assigned" to each unit. Does that mean that each is not deeded to a unit? If not, "who" rents out the spaces? Your HOA?

As I wrote before, our spaces are exclusive use common areas, which means the Board can make rules about them per our CC&Rs. Our HOA maintains them, e.g. stripes the spaces, paints the bumpers, cleans the floors and also power washes them once a year. We have three levels of parking. We have 298 spaces and 211 units. Many 1-bd. units have only one space.

We also have many space for motorcycles that belong to the HOA. Residents can register for them, get a sticker & park in them for free.

What do your governing documents say about storing items in parking spaces? Our CC&Rs state that our Rules & Regulations will set the rules for the spaces. Our R&Rs say one car per space, and specify, no boats, trailers, etc. The Rules permit us to rent out our spaces to residents only. A few years ago, the Board added one personal shopping cart per space (we're in an urban setting & lotsa folks walk to the supermarket, etc.) We also aren't permitted to work on our cars in our parking spaces--can't even, for instance, vacuum them out. There are potential calls to hearings & fines if fluids leak onto our coated floors.

Your Board never should have allowed your former PM to permit a boat in a space.

I personally would really hate it if items could be stored in the spaces, and i also can see safety issues (storing contains of gasoline). Each unit has a deed storage locker, though, in large areas off of the garages. They're about 8X4X5" high.

I'm trying to point out, Bonnie, that your CC&Rs may already give the Board authority to make rules about the spaces. But they must be carefully worded.

A few issues wanted to mention here. Any legal type communications should be done through CERTIFIED mail ONLY. Putting a letter in the mailbox or under a door does NOT suffice as official notice. Plus the letter should go to the owner's address in the HOA. As it is the legal address of the owner in the HOA. However, a copy can be sent to their home as well if it elsewhere and the HOA has confirmed this. Just make sure both addresses are notified and it is the owner.

The injunction is more or less a court ruling that isn't quite a lawsuit but not a restraining order. It gives the power to evict a person. However, the HOA would NOT have this power to do this on a renter in their HOA unless the HOA directly rents the property out. It is the OWNER's responsibility to obey the HOA rules and make sure their renter does to. IF the HOA could do an actual injunction against this person it would have to be one for SQUATING. There is a thing called "Squater's rights" which is kind of tricky. However, if you can prove this person is a squater and NOT paying rent/have a rental agreement, then the court may indeed allow the HOA to get an injunction in order for the Sheriff's department to serve on them. I think that is what the lawyer is talking about when suggesting the injunction. You can't just call the Sherriff's department and just toss someone out. It has to go through the legal system first.

If the Board knows for sure that the unit's being occupied by someone underage, can't your Board call the Owner to a hearing and fine him for not complying with your CC&Rs. You've moved onto this topic, but it doesn't match your subject line, so you may want to start a new post about getting the guy out of the unit.