Locking up our motorcycles

Hi All:

My husband got a parking violation attached to his motorcycle. His is parked in his parking space, he pulls his car in behind it. Both his motorcycle and car fit in the space and don't block anyone from walking in between cars. The notice was informing him that he can't have his bike locked up to the carport column in his space. We recently have motorcycle parking, which can accomodate two motorcyles. We have four motorcycles, just on our side of the complex, which has been this way for years. My bike is locked up here, as well as another tenants, there is only one pole with a metal loop to put your lock through. It's not convenient for the other tenant sp he locks his bike chain around the tree next to where he pars his motorcycle. He also got a violation notice.

Where my husband parks his bike isn't doing any harm, his chain isn't in the way and he isn't damaging property by putting the chain around the carport column.

The new rules just came out and said any device, such as an "ABUS" is prohibited. When my husband asked them what this was at the HOA meeting they said they didn't know. He asked them to clarify this, but they didn't. We looked it up last night and an ABUS is a brand of lock, pad lock. So the rules say we can't use any device, such as...to lock up our motorcycles. This leads me to believe we can't lock up our bikes period. We don't have garages, so what are we supposed to do, leave them up chained? We have had several break in's, vehicle burgleries, car jacking's at gun point...

They know about the crimes we have had and are telling us knowing the crimes we have had that we can't lock up our motorcycles...?

What should we do?

Attend many Board meetings and convince them to enable whatever solution you think is best.

Boards move slowly so expect to attend more than one meeting to express your point of view.

You need their goodwill. So, no matter how irrational or inane their opinions may be, smile, be friendly and try to find a solution. If you scream, pout, confront, threaten to sue or start a revolution, you may feel better but they'll just dig in and you won't get a solution.

Brian, I agree with Ana. I am not sure where we would lock them up and it’s highly inconvenient that every time I have to go somewhere in my car I have to unlock the bike, and while I am at work, using the car I would have no place to lock up my motorcycle.

I will suggest to them assigning more motorcycle parking spaces, or trying to find a way to accommodate us. Right now I don’t see a big deal with him putting the chain (which has rubber around it) around the column. No damage is being done.

Daniel, We used to attend the HOA meetings, my husband was on the board about two years ago. The board president and the slow response from the management company frustrated us so much we stopped going and my husband dropped off the board. The board president was very rude to people and they would go over the same issues for months and months with no resolution.

We stand up fro ourselves, which I think equates to being rude. I have tried working with them, even volunteering for different committee’s, helped gather information, etc.

The issue isn't just where my husband locks his bike but that the rules actually state, no device can be used to secure the motorcycle...hmmmm? I think with them knowing the crimes we have been having and them making such a ruling that if we comply and one of our motorcycles get's stolen that they should be responsible.

I don’t understand how the board can make such rules with out input or approval from a majority of homeowners. They too have rules they have to follow; we aren’t the only ones who have to follow rules.

I don’t want to ignore the HOA rules; I want them to make rules for good reasons that aren’t arbitrary like this. Honestly what is this rule doing? Does it protect anyone or anything? I don’t think so. If the rule made sense I would have no problems following it, but it doesn’t. If they would even return my phone calls we could try to reach an agreement. We have paid over $15,000 in fee’s only to see crime go up, property value go down, and rules become more ridiculous.

A month ago they sent out notices they were repaving, everyone had to be out of the complex for two nights, they paves a 10 x 5 foot area, that was all and not even properly. This is how silly they are.

Usually, they can add it to the Rules & Regulations. But it would depend on your Bylaws.

I do hope that you find a way to park your motorcycles safely and conveniently.

boards can make rules like this without input or majority consent because HOA's (and the US itself) is not a democracy. We elect representatives to do things that we don't have time, knowledge, care, etc. to do, and charge them with making decisions so we don't have to vote on every decision. Now, perhaps the contract language you have allows the boards to represent you in this manner, or, as suggested by others, it prevents them from doing so...you will have to look at your bylaws to see what powers the representatives have and hold, and if this rule making is of a type that requires owner input and consent, or falls within what you elected them to do.

as for where to chain your cycle, chain through/around the tire/axle assembly. I've tethered hot air balloons and anchored them in winds using this method, it's very strong and secure. Chain through/around the bumper, if you have one that allows it. I am not saying it's easy or convenient, but if SECURITY is the true reason for chaining, then what's a little inconvenience for real security?

Are there a lot of motorcycles being stolen in the area? I would think that would require a decent trailer or truck bed, and one hefty guy or a couple guys to pick up the bike and load it. Are there really more cycle thefts than car thefts in the area? Is this an easy crime, a rising crime? How about a motion alarm for the bike? Set it, and if the bike tilts or moves, it sounds off?

Kim since you're in California and since the rule just came out you have 30 days from the time the members were notified of the rule to present a petition signed by at least 5% of the members to the BOD and they must hold a vote on repealing it:

Civil Code §1357.140. Member Veto of Rule Changes

(a) Members of an association owning 5 percent or more of the separate interests may call a special meeting of the members to reverse a rule change.

(b) A special meeting of the members may be called by delivering a written request to the president or secretary of the board of directors, after which the board shall deliver notice of the meeting to the association's members and hold the meeting in conformity with Section 7511 of the Corporations Code. The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. Members are deemed to have been notified of a rule change on delivery of notice of the rule change, or on enforcement of the resulting rule, whichever is sooner. For the purposes of Section 8330 of the Corporations Code, collection of signatures to call a special meeting under this section is a purpose reasonably related to the interests of the members of the association. A member request to copy or inspect the membership list solely for that purpose may not be denied on the grounds that the purpose is not reasonably related to the member's interests as a member.

(c) The rule change may be reversed by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which a quorum is present (which affirmative votes also constitute a majority of the required quorum), or if the declaration or bylaws require a greater proportion, by the affirmative vote or written ballot of the proportion required. In lieu of calling the meeting described in this section, the board may distribute a written ballot to every member of the association in conformity with the requirements of Section 7513 of the Corporations Code.

(d) Unless otherwise provided in the declaration or bylaws, for the purposes of this section, a member may cast one vote per separate interest owned.

(e) A meeting called under this section is governed by Chapter 5 (commencing with Section 7510) of Part 3 of Division 2 of Title 1 of, and Sections 7612 and 7613 of, the Corporations Code.

(f) A rule change reversed under this section may not be readopted for one year after the date of the meeting reversing the rule change. Nothing in this section precludes the board of directors from adopting a different rule on the same subject as the rule change that has been reversed.

(g) As soon as possible after the close of voting, but not more than 15 days after the close of voting, the board of directors shall provide notice of the results of a member vote held pursuant to this section to every association member. Delivery of notice under this subdivision is subject to Section 1350.7.

(h) This section does not apply to an emergency rule change made under subdivision (d) of Section 1357.130.

Glen, thanks that is very helpful.

I called the management company to discuss the violations and the petition, they said I had to contact the board for both of these, but the board contact information isn't available to homeowners.

She said I could address it at the next meeting, I told her that wasn't until 1/13 which was past the 30 days in which we can petition a rule. She again said I had to contact the board about this. I reminder her that I don't have the BOD members info and she said I have to contact them (management company) to contact the board. So I let her know that's what I was doing and she again said I needed to contact the BOD regarding my concerns. She said she couldn't help me. She is the manager’s assistant so she transferred me to her voicemail. Great job assisting, in nothing!

They said they had no information on the violation notice for the motorcycle.

The other notice I got was about our washer and dryer, which are no longer allowed to be used in each persons unit. She told me the violation was telling me I had to get rid of the washer and dryer. I told her it's my personal property and they can't force me to get rid of it. It's not installed and we don't use it. She said it was he Boards decision, and I asked her to show me where in the rules it said I had to get rid of my personal property...

Kim, where the heck IS your washer and drier that they'd know you even have it? Is it in your driveway or on your porch, or some other open area where it is obvious? If so, there are probably specific rules about having appliances visible.

If it's in your home (out of sight) I really can't see them "ordering" you to get rid of them....as long as they're not hooked up, as you say.

Kim,

I don't believe the BOD can require you to physically remove the washer and dryer unless it's being stored in an area that is not a designated storage area. In you case it's being stored in your storage facility therefore, IMO, the board cannot require that you remove it. I believe what the board is really trying to say is that you can no longer use the washer and dryer. Yes, they do need to be more clear in their demands!!

well I talked to the management company and our rep said that we were not in violations, that they can't make use throw away personal property. She also said she had never heard of the orange tag that was left on our motorcycle. That was two weeks ago.

Wed. I got a final violation notice about our washer and dryer, and today my husband got a final about his bike being locked up to the post. It said it if wasn't removed they would cut the lock, which cost us $80. So our management company said it's okay, but they didn't communicate that to the board I guess...

What now?

BTW, HAPPY NEW YEAR!!!

I wouldn't trust the management company.

The Board makes the rules; the management company is just the hired help.

Even if the management company says it's ok, the Board could just ignore them.

Don't count on the management company reimbursing you for telling you the wrong thing, either.

Easy way to look at it is like this. How many parking spaces are provided to you by your development? Two, correct (one covered and one uncovered)? How many motor vehicles should be parked in two parking places? Two, correct? Quit complaining and comply with the CCRs you agreed to.

Kim,

In my opinion, you do NOT own the parking space because of what you just said---"We own the parking space, but it's considered an exclusive use common area.

This means that you and only you are entitled to USE this space but it still is owned and maintained by the HOA, therefore the HOA has control over it per your CC&Rs . I also think that pertains to the carport space as well, which if it does, allows the HOA to have rules and regs for it.

But if we go back to your original complaint, the BOD has NOT passed any rules which say what and how parking is allowed there--which gives you the right to be complaining about this.