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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6569
Experience:  Licensed attorney helping individuals and businesses.
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My adult son drives a Taotao ebike since he has had a DUI and

Customer Question

My adult son drives a Taotao ebike since he has had a DUI and has no drivers license. The HOA where we live has told my unit's owner (I do not own - I lease) that it not allowed - it is kept on our fenced in patio. The owner is going to be fined by the HOA. There is no regulation in the "RULES AND REGLULATIONS" that says these are not allowed. However, bicycles ARE allowed. What would you suggest? He needs this to go to his job.
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: So I thought I'd ask about it.
JA: Is there anything else the Lawyer should be aware of?
Customer: I don't think so. There have been no other problems. The owner was told he would be fined $100.00. Where they got this amount I don't know. Under Motorcycles the fine is $25.00 a month. Every other fine is $25.00.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Consumer Protection Law
Customer: replied 5 months ago.
Can you answer by "text" - I don't have access to that email.
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 5 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Expert:  Maverick replied 5 months ago.

The bot***** *****ne is that unwritten rules cannot be enforced by the HOA. You can go to court and obtain a legal determination to that effect by showing the court that there is no such rule or regulation in the CC&Rs and that the HOA is enjoined from assessing any penalties for having the ebike on the premises. The owner may have to do this since he is the one being fined. This is brought by the way of a what is known as a declaratory judgment action [DJA].


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