Revoke parking spaces for violators

Started by AaronJ • 1 replies • 1793 views

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AaronJ (California)
Posts: 48

Posted:

Our Board is currently rewriting Rules and Regs. We have two parking lots. One lot is assigned spaces to specific units. The other lot is a general/open lot without assigned spaces but you must have a parking pass to park there. Each unit is assigned one parking pass. Because there are less spaces than units, its a first come first served basis in the general lot. We have recently had a problem with people duplicating parking passes. One Board member is recommending a new rule stating if someone is found duplicating parking passes they will be fined and parking privileges in the general lot revoked for a period of time.

I agree with fining the violator but can we legally restrict a resident from use of a common area (general lot) even if they are current on their dues?

KerryL1 (California)
Posts: 14,550

Posted:

Our CC&Rs state that common area amenities privileges can be suspended if Owners are behind or their dues or have repeated violations of the same rules. Our CC&Rs do not spell out the names of the amenities to which access can be revoked.

We can & do suspend common area privileges and a big one is access to owner's guests to our 16 Visitor Parking spaces--residents aren't permitted to park there. These are very desirable in our 211-- unit high rise in an urban area. (All units have deeded parking spaces in our underground garage.)

So the key is: do your CC&Rs, Bylaws or other governing documents allow suspension of privileges. If so, you sure can make a specific rule. If not, you'd better seek advice from your HOA attorney. I haven't visited this site on this particular topic, but I know the CA HOA attorneys at davis-stirling.com discuss this. Scroll down the the main Index to, I think, suspension of privileges.

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