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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35309
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I own a condo The HOA rules stipulate I am entitled to 2

Customer Question

I own a condo The HOA rules stipulate I am entitled to 2 vehicle parking stickers . I have only used 1 car over the past several years. My husband and I use the same car but now we need 2 cars. I am behind in my maintenance but I have filed bankruptcy so I can get caught up with my payments. Are they allowed to deny me a second parking sticker based on the fact I am making payments to past due maintenance? There is no mortgage on the condo. I own it outright. Thanks *****
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 8 months ago.

Good evening Debby,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Since you filed bankruptcy have to been 100% current with all of your post-bankruptcy filing HOA fees due? In other words, are there any fees that you owe that are not covered by the bankruptcy because they came due AFTER you filed for bankruptcy?

Doug

Customer: replied 8 months ago.
no
Customer: replied 8 months ago.
nothing to add our previous and past payments are all covered in our bankruptcy payments.
Expert:  LawTalk replied 8 months ago.

Hi Debby,

Federal law prohibits anyone from discrimination against you based on the fact that you have filed bankruptcy. If you are current with your post-filing fees then if your deed and/or the by-laws allow you two parking spaces, then it is illegal for the HOA to deny you the second pass based on your bankruptcy status and the fact that you may owe them money that is covered by the bankruptcy.

You may sue the HOA to get your parking permit and ask for punitive damaged for their illegal behavior. You may sue in small claims court in CA for this if you wish.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 8 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug