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PauG (Maryland)
Posts: 53
Posted:
In one of our streets (court) a homeowner has parked a van that is leaking an excessive amount of transmission fluid. For 8 months we have been trying to get them to move it and clean the parking spaces it has effected. The homeowner's space, as well as the neighboring spaces are covered black and you can't read the space numbers.

I read the EPA information for our state and they said we have to contact our local government. I did and they said the parking spaces are not owned by the City so they can do nothing about it. Our bylaws say nothing about vehicles leaking fluids.

We've sent this resident several letters and they go unanswered.

Any advice?

Could we have it towed, the spaces cleaned and the bill sent to the homeowner?
RogerB (Colorado)
Posts: 5,067
Posted:
PauG, if this is a violation of restrictions send a violation notice giving a deadline by which to cleanup. In the letter advise on your association's established policy to fine (if you have one) after the right to a Hearing. If you do not have a restriction on this then establish one. If you do not have a policy on fining then establish one. Ultimately, after several esculating fines I would have the area cleaned and assess the costs to this owner if your documents allow. Advise the owner in advance before taking such action in your final violation notice.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Paul G,
I would also have great concern that this transmission fluid is also eating or dissolving the read surface.

Does your association own the streets? If they do have you contacted the police and asked them to notify the owner? If they police say it is your problem, that means you will want to get the files on what you haave been trying to do, take them to your county office and see what they say. If your association has a deed to the land (street) and maintain it there is probably some agreement with the county or city dealing with the roads. Is it covered in your documents? It appears you have done all you can fairly do. Next stop is notifying the HO the vehicle will be towed, they will be charged for towing as part of their assessment fees, they will alsso be charged with an inspection of the road for damages and they will be charged for any administration expenses. Certify the letter, give them thirty days, then see lawyer and ask him. I am certain he would tell you that you have the authority, so hire him and tell the HO he will be responsible for legal costs also.

I bet they will move the car but still charge them for clean up or other expenses. You by laws don't have to address leaking fluids, but I am sure they address HO damaging the Real Property. (Street).
MikeS1
Posts: 668
Posted:
The bylaws may not be specific and mention oil leaks, but most of the docs have sections that detail the fact that the homeowner cannot trash the common areas and if they do, then they are responsible for the cleanup. The parking lot sounds like they are common areas and usually these spaces are open or assigned, as opposed to Deeded spaces. If the homeowner refuses to clean it up and correct the problem, start-up Due Process and it if he still refuses, then have a contractor look at the pavement in order to give you a price on damages and repairs if the oil has penetrated the asphalt to the point that it needs to be milled out and patched. Assess the owner via Due process for the damages or expenses and if they don't pay, suspend their parking privileges along with their other privileges. We just spent a small fortune on milling, repaving and resealing the parking lots. Folks just don't have any idea how expensive it is to repair this stuff.

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