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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118688
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in an association that does not enforce the bylaws

Customer Question

I live in an association that does not enforce the bylaws for parking. The SUP from the city has specified that residents cannot park in visitors spots as do our bylaws. I am unable to have guests because residents take up all the spots.
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Virginia the lot is part of the community there are spaces - 56 for 199 units
JA: Has any paperwork been filed?
Customer: in what way? This community was built in 1998. The City of Alexandria has the SUP and we all have the bylaws
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know what can I do to get the Board to enforce the parking rules?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Since the city and your HOA will not take action to enforce the bylaws, you as an owner can sue the HOA for breach of contract (the covenants and bylaws) for their failure to enforce the parking restrictions and as such interfering with your peaceable use and enjoyment of the property as guaranteed by your HOA bylaws and covenants.
You would have to sue the HOA for non-enforcement and seek an order from the court for damages plus an injunction ordering them to enforce the bylaws.
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