HOA rules and regs and no enforcement

lawsuit. surely there are a couple lawyers in town that need a car payment or ten made.

elections: vote the president out in the next election. vote yourself in. cheaper than lawyers, but takes more effort.

So, let me get this straight:

You are the property manager.

You are not a member of the HOA.

You have an on-site office. . . or office building . . in which you also have tenants, that are also not members of the HOA.

You have designated a parking space for a resident of the HOA in front of YOUR building (but not in front of the resident's OWN building).

And then you have blocked off HIS parking space in front of HIS building so that he would be then forced to use this alternate (albeit only one-space-away) parking space.

And the president of the HOA will not enforce. . . because, why? you ask??

Could it be because it was arbitrary and not binding upon the resident, but rather an alleged agreement among others?

Is my math wrong here?

What am I missing?

We are not owners of the property,We only manage and maintain the properties,So can we still be voted in on the board??

We are the property managers for some of the residences here, but not ALL of the residences. These are duplex units with carports. The arangment of the buildings and the parking is such that one owners carport is directly in front of one of our buildings. This owner has 2 parking spaces in the carport, and one space directly behind the carport, and one space on our property. The reson is, that if he parks two cars behind the carport, one of the cars would be directly in front of the door of our tenant. That is the reson this particular space was designated as no parking in the HOA rules.

We live in one of the duplex units on site. We do not own "YET".

These parking rules were in force prior to this 'PROBLEM' owner buying his property, so he has known of the rules from day one.

Not to be argumentative, but aren't the rules of an HOA an alleged agreement among others that is not neccessarily agreed to by all any ways? But yet, all are supposed to abide by them, or take action to have them changed either through a vote of all owners or through legal means?

These two buildings are in an "L" shape, so the problem owners carport sits in front of both buildings, but parking behind the carport puts 1 car in front of the door of the other building. If the tennant living there came running out of there house, they would run smack dab into this car. This also makes it very difficult if there ever was a medical emergency and they needed to get a gurney into the unit to remove someone, but then the medical response team would just call for a tow truck probably. But by the time the tow truck showed up, who knows what may have happened by then.

Hopefully this clarifies some of your questions.

Just some further information:

There are 10 duplexes in this community, so 20 individual households. But there are only 5 owners. The president of the HOA owns 5 buildings. Our owner owns 2 buildings, there are 3 other individual building owners.
We manage and maintain 2 of the buildings, and provide emergency maintenance for 5 other buildings. We only have a problem with one owner not abiding by the parking rules in which we are directly affected. There is one other owner that is not abiding by the parking rules, but is in an area that is not affecting anyone directly. Yes, it is of some concern, because it is too many cars for the parking allocation for that building.

It would still help to have the actual direct HOA restriction regarding the parking allotments.

It's almost starting to sound like the parking spots were re-arranged, but not formally/officially amended in the deed restrictions.

If that's the case, this may be something that can't be enforced.

But I could be totally wrong here. It's really hard to say without knowing exactly what the written restrictions/allocations of the parking spots is and whether they are just "rules" that did not get any official amendment passage (as may be prescribed in the CC&Rs) or whether they were formal and received the proper vetting and voting and etc by the community.

In which case there would be a process within the CC&Rs that would tell you how enforcement needs to be handled.

Bottom line, though, is that even if it's clearly spelled out in the CC&Rs and he is in violation, unless the board or the homeowners properly move to enforce, there's not much you can do, not being a member, short of hiring an attorney to sue the board to force them to enforce the deed restrictions.

If it's just "rules," that only require board approval to modify, they may well simply dissolve the parking "rules" in order to avoid any conflict with their owner.

Help us to understand.

We were in attendance at the last HOA board meeting with all owners in attendance. It took place at our home and we were allowed by all in attendance to add our input in to the updates to the rules and restrictions. We have a copy of this as well as everyone else in the community.

Is this the covenants and restrictions? Or what should we be asking for? Or do we have the right to even ask for these as we do not own yet? But yet as property managers it would be helpful to know what is in these.

The paved area behind the problem owners carport is in an easement area. In other words, all of the paved area outside of carports is easement. This easement runs 30 feet to both sides of the property line from the front yard of our place out to the street. We (our property owner) own one side of this line, and the president of the hoa owns the other side of this line. To the left of our property is the problem owner who owns a 15 foot pie slice into this easement area. I wish I knew how to draw a diagram of everything for you so you could better understand the arangement in here.