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Roger, Attorney
Category: Legal
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in a patio home subdivision with its own set of bylaws.

Resolved Question:

I live in a patio home subdivision with its own set of bylaws. Property owners in this subdivision own ONLY the ground upon which their patio home sits. The green areas, driveways, etc. are COMMON GROUNDS (owned by the entire community). There are 48 homes in our little circular drive community. Many of us have "shared driveways" between two patio homes.

My questions is this: Recently someone bought the duplex next door to us and "shares" the same long, hooked driveway (sometimes difficult to negotiate). The owner moved his college student in, and since the driveway has been a problem for us. At the far end of the driveway is a "turnaround" which allows each patio home party to back into from their garage and go down "front ways" to the street. In the bylaws it is referred to as the "turnaround".

Also in the bylaws it is stated that the "common areas" should not obstructed in any way. Since the college student has moved in next to us, there are MULTIPLE cars the majority of time PARKED in the driveway. They have "blocked" us from exiting and entering our garage numerous times. The cars are sometimes parked on the side of the driveway, thus making our exit and entries quite difficult. In fact my husband and I have seen on three different occasions where the college student / students will back down and actually drive in the adjacent yard to clear the parked car in the driveway, thus proving that the cars parked in the driveway ARE a hinderence and does impede travel to and from the garage.

The owner (not on site) has been contacted by mail about the problem, but as of yet, we have not heard a response of any kind.

What legal rights do I have as a patio home owner to demand that the driveway be kept for exiting and entering the homes? What can the POA (patio home association) do to correct the situation?

Linda G.
Submitted: 6 years ago.
Category: Legal
Expert:  Roger replied 6 years ago.
The neighbors are breaking the bylaws by blocking and parking on the driveway and turnaround. The HOA is required to order the neighbors to stop and fine them until they do.

My suggestion is that you speak to your neighbor about the problem and try to resolve it informally. If you get nowhere, you should consult the HOA for help.
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