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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
specifically a parking spot in garage inside our building that has 31 parking stalls.
I don't think our documents address building walls around a limited common area.
My gut response is "no" since it is a limited common area.
We only allow items to be stored in the garage space if they do not extend more than three feet from the wall.
An owner who has a non working automobile made the statement to his daughter that if they build walls around their parking spot we couldn't tell what they have stored in it.

We have had items stored that made it hard for others to get in and out of their parking spot. And also stored so high they was a danger of falling on someone.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
They need to get the HOA permission before they proceed. If not, the HOA can remove the walls and send the owners the bill. If they do not pay that bill, they can place a lien on the member. That is the aggressive stance.

The HOA needs to check with building codes for allowances. Plus the 3 foot rule is most likely fire code. Which these walls could be subject to. Something you all should be aware of as you are all part of the HOA. It will not be the individual fined but the whole HOA that would be.

Do you all want the responsibility of these walls? Then approve it. Otherwise I would say no to the request.

Former HOA President
JohnB26 (South Carolina)
Posts: 1,569
Posted:
O ~ M ~ G

DITTO MELISSA

issue a 'cease and desist' letter at once via certified mail/return receipt

let 'them' sue you to proceed
JohnB26 (South Carolina)
Posts: 1,569
Posted:
if the garage has a fire suppression system (sprinklers, wet or dry) said room would cost at least $35,000.00 to construct in a code compliant manner

tie in to existing concrete - suppression system - lighting - electric - etc.

only the registered holder of the present certificate of occupancy (probably the HOA) could apply for the required building permit in any case

if all else fails call for the men with the white coats
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By JohnB26 on 03/30/2014 3:40 PM
if the garage has a fire suppression system (sprinklers, wet or dry) said room would cost at least $35,000.00 to construct in a code compliant manner

tie in to existing concrete - suppression system - lighting - electric - etc.

only the registered holder of the present certificate of occupancy (probably the HOA) could apply for the required building permit in any case

if all else fails call for the men with the white coats

men in white coats for me?

We don't have a fire suppression system. This is an older building that has been granfathered and the building is not required to have sprinklers. Although I really wish we could get sprinklers installed.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Bonnie,

typically, a building may be grandfathered until renovations occur. Once renovations occur, the City/County may require you to bring the renovation portion or the entire building up to current code.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By BonnieG1 on 03/30/2014 2:01 PM
specifically a parking spot in garage inside our building that has 31 parking stalls.

An owner who has a non working automobile made the statement to his daughter that if they build walls around their parking spot we couldn't tell what they have stored in it.

My question is, "Why is there a non-working car parked in your garage?" Many associations would not permit such use of their parking areas and would have the car towed away. I do not recall your situation exactly but my first guess is that parking is at a premium and a car that does not run is squandering a valuable resource that others could use.

MikeS1
Posts: 521
Posted:
I have to agree with Larry - Most docs say that the vehicle must be properly tagged/licensed, valid inspection sticker, etc. Parking is scare enough as it is. If he has an old car that he wished to store, then are many other off site options to storing automobiles.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By MikeS1 on 03/31/2014 2:19 AM
I have to agree with Larry - Most docs say that the vehicle must be properly tagged/licensed, valid inspection sticker, etc. Parking is scare enough as it is. If he has an old car that he wished to store, then are many other off site options to storing automobiles.

There is nothing in any of our documents stating that a vehicle must be properly tagged/ licensed. (Our state no longe requires inspection of vehicles).

Also the parking stall is assigned to this owners unit so even if the car were moved there is no guarantee that someone else could use the space. There are owners who do not use their parking space because they want a space for their family members to park when they are here to assist or even just to visit. Some owners rent their space to other owners.

We have had a large boat stored in a parking space. I heard that the owner asked the person who was manager at the time and was told they could park the boat in the parking spot. I did not even live here when this happened.
CarolR11 (Colorado)
Posts: 2,563
Posted:
If your documents are like ours and many others with garages such as yours, Bonnie, they state that the garage itself is common area and the stalls are limited are exclusive or limited use common areas.

Your documents most likely state, then that no residents may place, erect, etc., anything in the comma areas. This would include the areas in the garage like the drive aisle(s) and spaces between the stalls. This probably is in your covenants, but maybe in your Rules & Regs.

Your HOA also can make rules about your limited use common areas. We, for instance, do not permit the storage of any items in our parking spaces (all are deeded to owners) with the exception of personal shopping carts and one car.

(Our CC&Rs also state that cars must be in working order, and that only automobiles can be kept in the stalls.)

JohnB26 (South Carolina)
Posts: 1,569
Posted:
....of course you may have fire suppression sprinklers installed....

y'all just don't want to pay for the installation

so

y'all continue to live and sleep above all the fueled vehicles in your basement

have a good day
CarolR11 (Colorado)
Posts: 2,563
Posted:
Bonnie, do your governing documents actually permit residents keeping items in their stalls. Without a fire suppression system, along with JohnB's point, I'd worry a lot that residents are storing gas-filled cans, etc in your garage. We very occasionally see them in our garage parking spaces, but they are removed immediately by staff.

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