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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27992
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Can hoa in a condominium in California can find and demand

Customer Question

can hoa in a condominium in California can find and demand that not operative vehicle be remove from your parking space?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Have you had a chance to review the HOA documents and/or did they site the basis to impose the fine?
Customer: replied 2 years ago.
I received a "Notice of violation and notice of hearing" RE: Removal of Non Operable vehicles.
Dear Homeowner:
A complain and evidence have been presented to the Board of Directors of the alleging that you are in violation or have violated provisions of the association's governing documents. in an effort to determine the accuracy of allegations, and to determine what, if any sanctions should appropriately be imposed Board of Directors is schedule a hearing or alternately submit such evidence of compliance as you may wish in writing form prior hearing date July 14, 2015 @6:30 pm
Nature of Noncompliance: Our office had previously requested that the old non operable vehicle as well as 3 motorcycles be removed from your parking space. Due to no compliance, this has now resulted in $100.00 fine. Please note, the fines will continue until compliance is achieved.
That is writing in the letter I just received. The apartment is rented to the same person for 10 years. I leave in Northern CA and the apartment is in Southern CA. I wont be able to attend the meeting. Of course I will notify the person that is renting the apartment of this issue.
Thank you for your advice
Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. Yes, if this is not allowed and a restriction in the governing doucments, which they stated above, then the matter would need to be cured. Since you are renting the apartment, the tenant would need to cure and correct the problem if this is a result of their own actions and they would have to pay the fine as well, even though it was assessed to you. The rental agreement should evidence the same as well. Now, if you cure the problem prior to the 14th, you can advise the association of the same and the hearing can be canceled. If you want to appear, you should explain the hardship it would cause to appear and ask to appear by phone, to present your argument and mail ahead of time, to the association, any evidence you want to present.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!