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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Being fined area rules from HOA

Customer Question

being fined for grey area rules from HOA
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
If you aren't clear about what the rules say, you can demand clarification from the board......and if you don't get a satisfactory response, you can file a lawsuit in your local court for clarification or for the rule to be amended to be clear.
You could get an attorney to write a letter to the HOA demanding clarification, and that may be enough to get them off of your back and hopefully it will result in a clarification. Also, if you're forced to go to court, your lawyer will be prepared to proceed quickly.
Customer: replied 2 years ago.
"Street parking is restricted to the parking of operable passenger motor vehicles such as automobiles, light trucks and passenger vans. Boats, motor homes, camping or utility trailers, campers, or other recreational vehicles, may not be stored on the street. The Board, with a 48 hour written notice, may require removal of any vehicle improperly parking on Common Element streets"This is the article they are referencing, I own a small bus about 20' in length, the told me my vehicle was bigger than a passenger van. I've looked up, my bus is on a passenger van frame.
Customer: replied 2 years ago.
the homes we live in are single family homes, that have been classified as condos, so the builder could get a tax break when building them. I was informed I couldn't park my vehicle in my own driveway, or anywhere on my property.
Expert:  Roger replied 2 years ago.
Unless the bus could be categorized as an RV (recreational vehicle), it isn't likely that this rule should apply as the article is now written.
The board may want to amend the rule to change the wording, but the fines shouldn't be valid when the rule is unclear. You should consider having an attorney write a demand letter identifying the issue and the fact that your current bus isn't a boat, motor home, RV or other vehicle that is prohibited.