HOA Access to Owner's Garage

My questions is

Do any of you have either a CC&R or Rules and Regulation that allow the HOA to inspect a member's garage to see if it is in violation. Do you have a Rule and Regulation that requires an owner to have a functional garage for parking and how is it enforced?

Our association is a condo with row garages (not attached). The question arises because of misuse of parking spaces because members do not park their vehicles in their garage. We want to inspect a member's garage to make sure it is not just being used for only storage and un-functional to park a vehicle.

Have any of your association had a similar issues?

Michael

Do your Covenants say garages can only be used for vehicle parking as in must?

I think inspecting garages is out of line. It's like forcing someone to prove that he's innocent. Now if someone were to stroll by a garage when it happens to be open and someone snaps a photo of the garage filled with junk, then you could take action.

I'd like to agree with the comment that you should focus on your parking restrictions, but that may or may not produce enough results. Our community had a restriction saying that the parking pads are for guests only and on street parking is prohibited; residents must use their garages or driveways. Enforcing this was almost impossible, though, and the benefit didn't justify the amount of time and effort needed to obtain that benefit. We ended up amending the declaration to make the parking pads open to all.

I will note that if parking is limited and someone is hogging space because of a garage full of junk, the neighbors will have an incentive to report the violation and help you get the necessary evidence.

Are these garages exclusive use common area? Common area?

We are a townhome HOA with a similar parking arrangement. For the longest time people were convinced they owned their parking spaces and that myth was promoted by some truly bad homeowners but it persisted nevertheless.

Anyway we have deeds to our homes and those deeds do not include parking spaces which means all parking spaces are, in fact, common area exclusive use spaces and the HOA has every right to set reasonable rules and regulations governing their use. No trailers, derelict vehicles, etc.

Your documents, probably your CC&Rs, Michael, will tell you if they're exclusive use common areas. If they are, your HOA may have certain rights.

Our condo parking spaces in our underground garage are exclusive use common areas, they are deeded to owners, the HOA has rules about them, and the HOA maintains them.

Our storage lockers in large rooms in the garage are deeded to individuals, are exclusive use common areas, the HOA has rules about them, but only maintains the gate to each.

(It sounds to me, Jared, that your parking spaces are just common areas, not exclusive use common areas.)