Garage inspections

My CA HOA does monthly inspections of my shared two car enclosed garage. They will fine you 100$ if your garage is not kept clean to their standards. They used to be carports which were converted to garages years ago. I called the HOA and they stated its an old rule from the carport days. What can I do?

Good post Donald,
I agree his problem is probably not simple nor is it singular. He needs to find out. If this is a hold over fromthe carport days, there is probably new regulation in place. However they have to be established correctly and incorporated correctly. Off the top of my head, to even imagine a HOA enforcement team or what have you can gome inside your home and fine you for something like a messy house sounds wild to me. But California, who knows? I strongly suspect we will get some California folks posting about this. I don't think this would fly in SC.

Marshall,

You asked, "What can I do?" Get your friends and neighbors together and ask the board to repeal this old rule. In the meantime, if you have recieved a violation notice, you must eith appeal or pay the fine. As long as the rule is being enforced, any fines must be paid or appealed. Get your friends and neighbors together and ask the board to repeal this old rule.

Kirk may well have a point if the garage is fully enclosed and for the exclusive use of the owner; especially if it can be locked. Even the police cannot enter your home without a warrant; the US Constitution guarantees that. It may also be that there is other wording in the CCRs with regard to the home and under what circumstances (if any) that a board member or an HOA committee member might be allowed to enter (such as an emergency or other required justification) that would be in conflict with carport inspections once the carports have been enclosed to become a garage. Such inspections just might be regarded as an invasion of privacy, depending on the circumstances.

Kirk's last sentence is also good advice. Sometimes an initial consultation with an attorney is free, or costs very little. Usually, the first thing an attorney will do is to write a letter, not necessarily threatening at first, advising (in this case, the board) of his client's rights. That might cost a couple of hundred dollars. Hopefully, the board would not disregard such a letter, but refer it to the association's own attorney, and, if the attorney agrees with it, would advise the board to not pursue a matter they could not win.

But, just because a restriction or requirement is in the CCRs or some set of rules, it doesn't mean the board HAS to enforce it just because it is there. One has to use some common sense. If the rule no longer applies, it can be simply ignored. Of course, it may be best to rpeal it, but that's not necessarily required.

Almost every state and many cities and towns across the country have outdated or ridiculous laws that are still on the books, but are not enforced any more. There is no reason an HOA can't behave in a similar manner. Imagine how silly it would be if you read in the news about the following laws being enforced:

In New York state it is against the law to walk around on Sundays with an ice cream cone in your pocket, you cannot wear slippers after 10 pm, and you can get the death penalty for jumping off a building.

In Massachusetts it is against the law to transport a gorilla in the back seat of your car, you cannot use bullets as currency, and mourners may eat no more than three sandwiches while attending a wake. Also, it is against the law to snore unless all bedroom windows are closed and securely locked.

In Hartford, Connecticut it is illegal to cross a street while walking on your hands, you may not educate your dog, and it is illegal for a man to kiss his wife on Sunday. In Devon, CT it is unlawful to walk backwards after sunset, and it is against the law to own Silly String in Southington, CT.

bruce, I like your sense of humour....

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Seems pretty clear to me. A warrant is needed to conduct a search, and even an arrest in a person's home. The Supreme Court has ruled that warrantless searches and arrests may be conducted in certain, limited circumstances, but in general, a warrant is required.

As far as the garage goes, originally I thought an inspection of the garage would not be enforceable, too. But, then I noticed the OP said it was a SHARED garage. Thus, it is not the property of the individual homeowner, nor is it for his/her exclusive use. It is therefore a common element, although it could be limited common element. Either way, it appears it is not owned by the individual and the carport inspection clause, even if it is outdated, could still apply because the board would have the authority to control the garage since it is common property.

They have not right to look into any garage, it's your right to keep whatever in your garage.. I would suggest you and others work on changing your rules. It's obvious its outdated. Your garage is like you rhome, Can they legally ask you to let them in to your living room to assess whether ir's neat or messy? No.. the garage is the same..

And therein lies the rub. You (meaning whoever) and I share a garage. I keep my side messy, your side is spic and span. The rules allow the board to inspect the garage, so they do. They ask me. I refuse. So then they ask you (knowing they'll spot my mess and fine me). They have your consent to enter the shared space, so they do. What can I do about it? Pay the fine and try to get the rule changed. I don't see any other option, whether the rule is "outdated" or not.

You blame ask them to prove that you made the mess. It is a shared garage and perhaps the neighbor made the mess on your side to spite you. Yes, this involves dishonesty. But do you really think that nobody would quickly push the mess to another person's area in the case of an inspection?

The whole thing is that even if it is a shared garage, I believe the inspections should stop. When they were carports open to the world it made sense. Today it doesn't make sense.

Why don't you hang a curtain in the middle dividing the garage? It will allow your space to be kept private.

First, what the police can do and a landlord can do are quite different. And the HOA is more like a landlord then the police. But even if a landlord writes into a contract that they can inspect and fine you for a mess in your place, that is unenforceable because it is an invasion of "reasonable privacy." Even when you share with one other person, most people would expect some measure of privacy. And that might hold up in court.

Instead of going to court though, I would work on a grass roots effort to stop the inspections first. Get people riled up about the board treating them like kids. Even the neat freaks will side with you if you present the issue right. I would not say a thing about the cost of fines. I would focus on the invasion of privacy and why someone would want to come look your stuff over. I would also focus on the liability of the situation. If something goes missing or gets broken on inspection day there will be a strong case to hold the HOA responsible. Even if not, do you really want the trouble.

Also, if you work on the premise that the point of the HOA is to protect and enhance property values (and even quality of life) then how do the inspections help that?

I have no idea about your Board. I know that the Board I serve on is none to quick to want to invade anyone's privacy. But I am well aware that there are Boards out there that seem to enjoy being in people's business.