Enforcing the HOA

We recently moved into a condo complex and a gentleman was parking in our spot. After amicably trying to resolve the issue twice he still maintained that that was his spot. We are deeded the parking spots along with our condo unit. The property management firm said that it was our responsibility to contact a towing company since it was our deeded property. I disagreed and so did the police department. Problem is, I am not sure how to make the property management company live up to their end of the bargain by doing their job. How do we enforce? I have been in contact with the seller, however, once the units are sold they are out of there. Any advice?

We have shown him proof by the property map and with record of deeds. Still not budging. But the bigger issue is that when the condo complex becomes full I believe we will have other issues with parking. I live in CA and everyone has to have their own car here. I just want to know how to make the HOA and the property management company step up to the plate. I will be hopefully joining the board as soon as we are all sold.

Sara, I would send a letter to the Board enclosing proof of your parking spot with a copy to the violator and the MC. Define the problem and request the violator to cease and desist. Request the Board and MC enforce future violations of others parking in your spot (include accepted tag numbers which may park in your spot). Advise all parties that if action is not taken to correct the problem you will have any unauthorized vehicles removed from your parking spot.

It is best to have the Board correct violations through the Managing Agent. And provide correspondence in writting. And give the violator sufficient advanced warning in writting before taking action.

Hi Sara:

You could do one or more of the following:
1) Check with the management company to see if the gentleman even owns a parking spot (they should have records on each deeded property in your HOA). Alternative would be to use a title company to search for you.
2) Have a lawyer write the gentleman a letter regarding your spot and letting him know that he is trespassing on private property.
3) Have a lawyer write the board a letter with copy to the gentleman.
4) Take advantage of any non-judicial remedies available (neighborhood mediation, etc.) to try to resolve the issue.

While it would be nice to avoid towing his car and/or having him arrested for trespassing, if he continues to use your spot, you may need to resort to larger measures to resolve this issue. The lowest cost/involvement remedies should definitely be tried first.

J. Patrick Moore, CMCA

He likes the spot according to him. He wants to keep it and he knows which spot is his. I gave him a copy of his deeded space as it was public record. So I am sure he got the hint. I will pursue the route of towing him for sure. My other issue is how do I make the HOA and Property management company come up to bat for me and the other residents. We are well almost at 1,000.

SaraM:
Does the gentlemen actually live in the HOA and therefore, have a spot deeded to him with the condo unit?
If so, sounds like you have shown exact proof to the person violating your parking spot, but they don't want to see the truth. For some reason, they prefer 'your' spot to their own.
Much as residents want the mgmt. company to make all the 'bad' go away, it is the Board's role to enforce the CC&Rs & R&Rs. The mgmt. company can send a strong letter to the gentlemen in question, but it is really the Board who needs to take the lead here and provide a solution.
The Board needs to step into this situation, literally, speak to the gentlemen about the issue and find out exactly where the problem lies, and why he insists on using this (your) spot.
Sometimes, more can be accomplished by a conversation face to face and a sorting out of the actual facts rather than letter upon letter and never getting to the truth of the matter. Good Luck.