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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am a paying member of two HOAs. Note, a live in a community

Customer Question

I am a paying member of two HOAs. Note, a live in a community within a community. One due is for the condo association I live in, and a separate due for the housing association that the condo is inside of. The housing association charges me the same amount as any resident in their housing community. The housing association is not allowing me to park on any street with houses on them. However, my dues are up to date and the same amount as all the housing residents. Is this considered unequal access?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is there something in the Bylaws or the Covenants, Conditions or Restrictions that says that condo owners can't park in the streets?
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Are the streets privately owned by the HOA or are they owned by the city?
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How are they preventing you from parking on the street?
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thanks
Barrister
Customer: replied 1 year ago.

Hello Barrister,

Please bare with me as I get the information out to you the best way I can interpret it.

I have reviewed the CC&R's and revised parking regulations and nothing distinguishes between condo residents and house residents. When I received a permit for my new car it came with a piece of paper (FAQs) stating that condo residents may only park on two designated streets outside the condo community. (Gravely adequate space).

I am making an assumption that it is privately owned. Upon reviewing my financial statements, my dues go toward street maintenance.

They place notices on the vehicle stating "outside my district", I can be fined and even towed.

My legal concern is that if my HOA due is the same price as the housing residents, why do I not have the same access and right the amenities that my dues are funding?

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Barrister replied 1 year ago.
Sorry for the delay... had to light fireworks for the kids..
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While this may be considered disparate treatment, if the Bylaws to the HOA state that they can determine any parking rules on commonly owned elements, then if the streets are privately owned by the HOA, which it would seem they are if you pay for street maintenance, then they can legally discriminate against condo owners vs. regular house owners because HOAs are essentially mini-governments and are able to set their own rules.
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It would be different if they were saying people of a certain race couldn't park on the streets, as that would be unlawful discrimnation. But there is nothing that would be considered illegal for them to enforce different parking rules for condos vs. houses. This would have been contained in the CCRs or Bylaws that all potential purchasers had to explicitly agree to be bound by when they purchase a dwelling in the development.
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So the bot***** *****ne is that if the Bylaws, CCRs, or a rule that the HOA passed through a vote of the owners state that they can enforce different restrictions based on ownership, then unfortunately they would be legal. It would have been up to a potential purchaser to determine for themselves whether this was a condition that they could agree to prior to purchasing because by purchasing, they are automatically agreeing to any rules that the HOA is governed by.
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thanks
Barrister

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