Tandem Parking Storage

Started by RegaS • 7 replies • 693 views

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RegaS (Georgia)
Posts: 5

Posted:

In our six unit community, we are the only unit with unenclosed tandem parking in the garage rather than enclosed garage parking as other units have. We are on the end of the garage so no one passes through our area. When we bought new from the developer seven years ago he told us in writing that the perimeter of our parking spaces (i.e., within the spaces, but on the side of where we park the cars) is ours for storage. For seven years this is what we've been doing. The new HOA president says the CCR specifies the tandem spaces are for parking only. This it turns out is true. However, there's plenty of room for both storage and parking within our 36' x 10' area and it doesn't interfere with anyone (except that they might not like how it looks, but again we're on the end away from others and we do store neatly.) Can the HOA enforce this? Do we have a defense?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Do you have a defense other than we want to keep it that way?

Former HOA President

RegaS (Georgia)
Posts: 5

Posted:

That's an excellent question and while I don't have the answer, I'm wondering if any or all of the following are possible defenses:
1) Does having done this for seven years without HOA enforcement represent some sort of defense, perhaps something along the lines of prescriptive easement? 2) Does the fact that it does not impinge on anyone else's use or enjoyment offer a defense? 3) Does the fact that the HOA does not enforce others from using their garage in violation of CCR (specifically a prohibition for using garage for recreational purposes and one of the owners uses theirs for band practice).

I'm not interested in controlling anyone else's use of their garage space whatsoever and I wouldn't in practice use #3 as a defense push comes to shove. Of course they all have storage in their garage. We just happen to have the one unit without an enclosure.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You did change from developer control to owner control. That is going to play a factor in it. Now your on your "neighbor's rules" not "the man". So it appears that you may have a group of people who don't like your storage system. Now they have an opportunity to change it by enforcing the rules.

My best suggestion is to work out a compromise. It's obvious you don't have the same conditions as the others. So you need to make compensations others don't. Like I had a neighbor who wanted to install a 6 foot fence for her dogs/privacy. She lived on a corner. A 6 foot fence blocked the view of the stop sign at the intersection. So she got her 6 foot fence but it had to slope down to 4 feet to unblock the sign view.

It may be something like that for you all. Compromise because your stuff may be in view and that's considered an eyesore. Maybe take a trip to Hobby Lobby and find something decorative.

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I would guess the developer didn't legally process the document in writing he gave to you. Notify other homeowners, vote, add it to the bylaws, CCR, or whatever is required at your HOA to do such a thing, etc, etc,

So its likely its null and void and CCR/Bylaws are going to be enforced.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

That said.... I wouldnt want to look at all your junk either at your parking spot. Sure, you may have 2 bikes, but the next guy might store aluminum cans for recycling and the next spot might be a hoarder.

I gotta agree with the HOA on this one. Parking spots are for parking only.

SamE2 (New Jersey)
Posts: 310

Posted:

I think your only defense is number 3. The rules have to be enforced evenly and fairly. They cannot just enforce them on you and not the other unit owners. The President needs to pick his battles and be willing to not let anyone store stuff or everyone.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

The problem I would have is where do you draw the line? If storage is allowed what happens if the occupant decides to 'store' an old couch and refrigerator in this space? This may seem extreme but nothing that people will do shocks me anymore. It would be interesting to see a picture of what is stored there now.

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