HOA Stating Garage Does Not Meet Requirements

Greetings all,

I've noticed this forum appears to be more for HOA board members but also seems to include some property owners as well, so I thought I would pose this question here.

I've been an owner in my community since early 2011, and since then have been very good about following anything in the CC&Rs, including very reasonable communication with the HOA and prompt correction of any violation notices. However, I did find something very open to interpretation on a violation letter I received this past week.

The violation letter stated that storage in my garage could not impede it's use for vehicle storage, and that I needed to clean the garage so that vehicles (2 car garage) could be housed in it. This is defined in the CC&Rs dated 2006:

"In no event may any Vehicle be parked along the private drives or roads within the Condominium outside of a designated parking stall or parking space except as provided in Section 4.12 above regarding temporary parking by Commercial delivery and moving Vehicles. Parking spaces or stalls (including within Garages) may not be used for any purpose other than the parking of authorized Vehicles; provided, however, that Garages may be used for storage as long as there is still sufficient space in the Garage for the parking of the Residents' Vehicles. In no event, may a Garage be converted to a "home" gym, living space or work shop. Garage doors shall be kept closed when the Garage is not in use."

Please note that storage itself is not expressly prohibited, only storage which would block the original use as a garage. I do have some storage in the garage, but certainly none that would prevent parking vehicles in the garage. Essentially all space that is available based on the size of a full sized double garage door is available and more than a full vehicle length inside as well. The only way a vehicle would be unable to be put into the garage would be in you attempted to park vehicles in a 'V' shape, which would be completely illogical. All good so far.

Additionally, the CC&Rs define specifically what a vehicle is:

"A "family Vehicle" means any domestic or foreign car, station wagon, sport wagon, pick-up truck of less than one ton capacity with or without camper shells, mini- van, jeep, sport utility vehicle, motorcycle and similar non-commercial and non-recreational vehicles that is used by a Residents or their Invitees used on a regular and recurring basis for basic transportation (including to and from places of employment or in the course of conduct of the Vehicle owner's business) if the Vehicle is able to completely fit within a regulation size parking stall or Carport Limited Common Element. All other Vehicles shall be referred to herein as ("Commercial Vehicles"). Family Vehicles and Commercial Vehicles are collectively referred to in this Article 4 as "Vehicles.""

So based on this, a vehicle doesn't even have to be considered a car, or even if it did, it doesn't say how big the car is other than to say it must fit within "regulation size parking stall(s)". In fact, by definition, a motorcycle would be considered a vehicle, not just a car; both are defined as "vehicles", hence by definition the garage meets said requirements of being able to park two vehicles without storage impeding that use.

Now I am fairly sure based on the wording here that I am well within the clear, and they are just being pedantic about the regulation, but also wondering how far I should take this. I'd rather not have to purchase a storage unit to move some of my tools and other stored equipment out of a garage that I am legally entitled to store items in.

Thanks for the reply. That language (Although since it was copied from a PDF may have some syntax errors) is actually verbatim what the CC&Rs specify. There is other language to the effect of "you must park vehicles in the garage before using outside parking" in an addendum added December of 2017, however I am still permitted a parking pass for reserved outside parking (Which is also paid for outside of the standard HOA fees). Additionally, there is no registration of specific vehicles required by the HOA, so the HOA has no knowledge of how many vehicles I own.

It sounds like the association has contacted you about more than this issue?

Was the letter a result of you parking outside the garage - and they assume the reason is you can’t fit them in the garage?

Then I would take a short video with an assistant showing two cars being pulled into the garage, one at a time. Post it on YouTube and then write a short email to the Board with a link to the video.

Melissa,

Ya don’t narrate the video, you simply film the vehicle fit and link it in the email!

Doesn’t even require seeing anyone, or car plates, etc.

You're obviously unaware that you can post a video on YouTube and mark it private which means only those you send the link to can view it.

Again I'll wait to see what the administrator says. If they have a reasonable suggestion regarding an item or set of items they feel need to be moved or rearranged, I am happy to work with them. I am not going to clean out the entire garage because they don't "think" two vehicles would fit. Either they fit or they don't. And it doesn't even have to be MY vehicles, it has to be 2 vehicles as defined in the CC&Rs.

I'd also be interested in why/if they would have sent me the notice even if I owned only a single vehicle. The CC&Rs would still apply even though that particular clause would be meaningless if you owned 1 or even no vehicles.

For quick illustration purposes. I did not take a video since it is just me at home right now, but pulled both cars into the garage and they fit and the door closes. Don't honestly see the issue here. Is it tight? Yes, but so are all the garages here.

https://imgur.com/x4qT716

Sean

Might the issue be that you never park the vehicles in the garage thus overflow park any other vehicles? If one looks closely at the pic, I doubt the passenger door on the left vehicle could be opened when parked as shown.

You are playing games about the vehicles fitting.

The letter does not specify that both vehicles are or are not in the garage. Rarely are all our vehicles even on the property at once. The letter specifically stated that storage in the garage was preventing two vehicles from being parked there.

I'm always suspicious - seems like we're still not getting the full picture (no pun intended).

Sorry if you guys think something is missing here. I think we're just confused on the ask. There's two things in play here but only one is relevant:

1. The violation notice ONLY specifies that the garage should be clean and able to fit two vehicles, in this case vehicles defined by the aforementioned (car, truck, SUV, motorcycle), etc.

2. Even though it's a tight fit, there's nothing preventing two vehicles from being placed in the garage. Case in point, two of the vehicles that we own fit. I was able to get in and out of the vehicles.

3. We do not always park both vehicles in the garage, even though we often do. We have a third vehicle that is driven by a household member but they do not always live at the house. At no time were any vehicle parked in a space they were not allowed (The rest of parking is permitted and we purchase a permit as allowed in the parking guidelines for our unit size)

4. The only potential issue is the parking addendum which says that vehicles should be parked inside a garage first, however that addendum does not apply in this case. The violation makes no mention of this addendum or any violation of it, I would consider that a separate issue.

There you go.
Something easily resolved.