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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16559
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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Is it legal for an HOA to prohibit motorcycle parking

Customer Question

Is it legal for an HOA to prohibit motorcycle parking?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 5 years ago.
Hello. My name is Alex and I will be glad to help you.

Does HOA declaration of bylaws state this parking restrictions for motorcycles?
Customer: replied 5 years ago.
Yes it states no campers, large trucks or motorcycles and was written in 1969. I would think that California would not allow discrimination against motorcycles in your designated parking space.
Expert:  Alex Esquire replied 5 years ago.
Unfortunately if the HOA declaration expressly prohibit motorcycles being on the property it would be legal under California law, as it is not considered discrimination, but a restriction that is agreed upon by all owners, due to the fact that when someone buy a property within this HOA, the buyer is provided with the copy of HOA declaration and if the buyer does not want to be bound by the restrictions or covenants that are contained within the declaration, the buyer can simply decline to buy the property within any particular HOA that has these restriction and buy another property in different place that does not have this type of restrictions.

I know this is not an answer you were hoping to hear, but I know you would rather have a correct answer, than an incorrect one, that might give you false hope or potentially point you in the wrong direction.


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Customer: replied 5 years ago.
I find it hard to believe that you can not park a motorcycle in your designated parking. I think the hoa restriction is for additional guest parking.
Expert:  Alex Esquire replied 5 years ago.
It might sound shocking and surprising, but this is a very common restriction in many HOA's.

I would suggest that if you thing that you are misinterpreting the declaration that you consult with a local real estate attorney and bring a copy of the HOA declaration for this local attorney to review.

There is no way for me to be able to interpret the declaration, without actually reading it (which we are prohibited from doing) and I hate to tell you, but if in fact declaration does prohibit parking of motorcycles and other recreational vehicles in the parking lot, it would hold up as being legal restriction under current California law.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!

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