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The law allows HOAs the right to restrict use of property…

Customer Question
The law allows HOAs...

The law allows HOAs the right to restrict use of property within the development. Therefore, for at least several decades, developers record Covenants with the Recorder of Deeds. Those Covenants are binding upon all present and future owners. They are researched by closing attorneys, to advise buyers about restrictions. They are provided with the Covenants by the developers Buyers accept those restrictions when moving into a development. If the buyers don’t like them, they move elsewhere. For example, next door in Hickory Hill, there appears to be no restriction on parking overnight. It creates a different setting.
You were previously provided with the Covenants and the Bylaws (which were voted on and approved at the last annual meeting, which you attended). You are misconstruing their purpose. As do other developments, they bar overnight parking on the community street.
You said that you wanted a map to verify that the street is not part of communal property. That misses the point. No one is saying that GTMC owns Beech Tree Lane. HOAs regularly bar what can be put in their community, either in common areas, community streets or as to a private residence, even though it is clearly not communal property. For example, GTMC requires that all (private) houses be painted the same color. If you still want the community map, we can seek the cost from someone who copies large documents like plot plans. It is several feet wide and long.
The discussion in the November 1, 2007 Board Meeting was revisiting a similar discussion at last year’s Owner’s Meeting. The topic was someone at your house regularly parking on the street overnight. It is of particular concern with your location, because it is very close to the intersection with Old Lancaster Pike and the entrance to the community. If a car is parked on the street in front of your house, motorists must swing out to the left to avoid the car. This puts the outbound motorist in the path of inbound motorists who are swinging into Gateway from Old Lancaster Pike. It is of even greater concern in snowy/icy/foggy weather – as I emailed you last winter – because the plows can’t clean where the car is parked on the street. Therefore, even if the parked car moves, it is slick coming up to the intersection with Old Lancaster Pike.
At the annual meeting, you discussed your situation, that you have 3 cars at times, i.e., you, your daughter and your boyfriend. With two parking pads and a garage, you could accommodate three cars. You were asked about your garage, and you said that a boat was occupying it. In your recent email to me, you carefully stated that you and your daughter parked on your parking pad, so that your family was not parking in the street. This was without mentioning your boyfriend. More importantly, you have an especially visible location. People see who parks there. The same black Mazda with black plates that parks on your pad also regularly parks overnight on the street.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Been disputing with the HOA over parking restrictions on a public street in my neighborhood. A non-resident of the community my girlfriend parks on the street over night and this is what the hoa has stated when I questioned there ability to restrict parking on a public street. Is this correct. I am in Delaware

Lawyer's Assistant: Has any paperwork been filed?

Two warnings issued

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what is the actual law for restriction a hoa can impose on property that is not owned by it's members or the association it self

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 9 hours by:
12/4/2017
Real Estate Lawyer: Irwin Law, Lawyer replied 4 months ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,545
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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The HOA can impose restriction on its members regarding use of dedicated streets, alleyways and other areas that are not communally owned. If you try to fight fines on those grounds you will have no luck in court. That is, provided that the Association can prove that the restrictions are in fact part of the covenants, conditions and restrictions which you accepted when you purchased your property.

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Customer reply replied 4 months ago
What my guest/girlfriend who has a separate address but frequently stays over at my place and is not a member and is following the state/county parking ordinance... can they hold me responsible and expect me to restrict her rights to park on a public street?
Real Estate Lawyer: Irwin Law, Lawyer replied 4 months ago

To make a long story short, they can do whatever is provided for in their organization documents and by laws. I is not unusual for an HOA to hold a resident member responsible for the actions of the guest. Remember, you're not dealing with a fraternal organization or a social club. You maybe dealing with a small group of people who enjoy their positions of authority. They know that most of their members do not budget large sums of money for legal expense. Enough said?

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Real Estate Lawyer: Irwin Law, Lawyer replied 4 months ago

Hello again. Do you have a follow-up question? If not, please don't forget to enter a rating (hopefully‘Five Star’) by clicking one of the boxes at the top of this reply. Thereis no additional cost to you. Thanks again for using JUST ANSWER.

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