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Andrea, Esq.
Andrea, Esq., Attorney
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HOAs board refuses to change areas of "visitors parking ONLY"

Resolved Question:

HOA's board refuses to change areas of "visitors parking ONLY" to permit-parking,2b given to Titleholders inspite of petition signed by most owners.

Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.
Hi, Welcome to JustAnswer

My name isXXXXX am an Attorney, and I would be glad to help

1. When was the sign first put up ?

2. Was a vote taken to put this sign up ?

3. Are there not enough parking spaces for the property owners

Do the BypLaws and the Declaration of Condomium, Covenants, and Restrictions requre this sign ?

Thank you

Customer: replied 4 years ago.

No.1.....Years ago; have Not seen Ppty Tract Map (this is a PRD-1979)


No.2.....Do not know


No.3....Prop Owners park on driveways/garages....there are 100 ps only 142 homes.....we wanted "permits" to be used as "first-come-firstserve".



Expert:  Andrea, Esq. replied 4 years ago.
Hi, Manuel, I will be with you within a few minutes. Thank you for your patence and understanding

Expert:  Andrea, Esq. replied 4 years ago.
Hi, Manny,

Thank you for your patience and understanding, The issue you raise concers all property owners and I believe you would have much more luck, in fact, I believe you and the other homeowners would succesfully reach the goal you want to achieve through a vote. This is not an isue which should be decided by the HOA, Board, or any limited group since it affects all home owners. So, although the Petition you submitted expressed the will of most home owners, it is not something that should be left to the HOA to decide.

What you need to do is to call a Special Meeting. This is provided in the Declaration, but most likely in the By-Laws. Here are the requirements to hold a Special Meeting:

First, a "Notice of Special Meeting" must be given to all members of the Homeowners Association which means that the Notice must be given to all property owners. econd, the Notice must contain the follwoing information:

1. Date, time, and location of the Special Meeting;
2. The purpose must be stated on the Notice (To vote on Parking Space situation)
3. The Agenda - The issue(s) to be discussed and only those issues can be raised'
4. An exact statement of what will be the subject of the vote

Your By-Laws will specfy the number of homeowners required to constitute a quorum and the number of votes required to pass a resolution.

I hope I have provided you with Excellent Service, if you need anything further, please use the "Reply" button to let me know

Andrea, Esq. and 2 other Legal Specialists are ready to help you

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