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I live in a townhouse and we have parking reserved for

I live in a...

I live in a townhouse and we have parking reserved for guests only. I have a friend that has been visiting me quite a bit. He has stayed overnight on several occasions but always gone to go to work in the morning. I was told by my hoa that he is concidered a resident now and cannot park in guest parking. The ccr states that guest parking is for guests only and can not be used for more than 48 hours.without prior approval from the board. I have sent them proof that he does not live here. They are still saying that he cannot park in the guest parking. Also there is not a shortage of parking spots , guests are required to hang a guest pass in the window and he does.. what can i do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have been sending emails back and forth to our management company and have requested to meet with the board.

Lawyer's Assistant: Where is the townhouse located?

Granada hills ca

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

Cant think of anything

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Answered in 44 minutes by:
5/17/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,028
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Welcome to JA and thank you for your question. Do you have a copy of your governing documents? The governing documents must set out that this type of visitation is a violation of guest parking. If the documents do not say this they are harassing you.
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Customer reply replied 3 months ago
I can send you a copy of the rule. Do you have an email that i can send it to.

You can either attach the governing documents or contact Customer Service who will provide the email for you.

Call Customer Care

Please have your Order ID available when calling Customer Care

US / Canada 1-***-***-****

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Customer reply replied 3 months ago
I dont know how to attach it so i will tupe out the 2 paragraphs for you. Guest parking. Designated guest parking spaces are for use by guests only. Guest vehicles may be parking for a maximum of 48 hours. Unless prior approval is obtained from the management company.Resident (iwner/tenant) parking in guest parking spaces is not permitted. Violators will be ticketed. Towed at the owners expense and or charged a monetary penalty.Ok thats the rules
He is here at the most 4 nights a week, comes for dinner sometimes stays over always gone in the morning and never 48 hours in a row. He has received tickets threatening to be towed and i have been talking to the management company. She is sympathetic to me but said that the board had received complaints thinking that my friend was a resident. I sent proof that he isnt
We sent copy of vehicle registration and copy of his current utility bill. Today they said request to park was denied and he would have to park on the street.

The HOA can make their own parking rules. In fact 48 hours is not uncommon. Let me provide the law for you. One moment please.

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Customer reply replied 3 months ago
Thankyou

The Davis Stirling Act is the law that governs Homeowner Associations in California. This is the link for Parking https://www.davis-stirling.com/HOME/Vehicles-Menu

Let me provide the guest and towing laws.

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Customer reply replied 3 months ago
Can you send this to my email also is there anything in my favor. Are we doing something wrong or do you feel that i am being harrassed

They may also be considering him to be an occupant based on the amount of time he is parking.

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Customer reply replied 3 months ago
Can they do that. It doesnt say anything in the rules

My apologies, the site does not provide the Attorneys with your personal information or your email address.

You stated above that the rules provided a maximum of 48 hours if he is not parked for 48 hours they cannot tow him or require other parking.

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Customer reply replied 3 months ago
They did say that they were considering him a resident thats why we sent the proof that he isnt. Thats jow they are trying to get around the fact that he isnt parking more than 48 hours. Do you have any advice

In fact the guest parking and parking rules must be reasonable in order to tow a vehicle.

You will tell them that you are not in violation and that they are incorrect.

"Does the association need to adopt a towing policy? The answer is that you don’t have to necessarily have a towing policy, but the Rules should specify that if the Parking Rules are violated, you will tow the vehicle.

If the association is going to start towing vehicles, note that signs are required to be posted at the Association for towing. Otherwise, the Association will need to issue a notice of parking violation, and allow 96 hours to elapse before towing. Please follow this link to an article we prepared that specifies the Vehicle Code Requirements for signage. If the Association is going to start towing vehicles, then you are going to need to develop a relationship with a towing company. Most towing companies will provide you with preprinted signs that meet the requirements of the vehicle code. But as was stated above, we strongly suggest that the Board consider amending its Rules before you start towing vehicles, and consider conferring with legal counsel to assist you in revising or preparing parking Rules that address towing.

It is not recommended that any association start immediately towing vehicles. Politically, this can be very bad for the board of directors and the association. It is a better idea to let the homeowners know that this is your intention, and to prepare them for the possibility of towing. And, we would certainly recommend hearings for those homeowners that are violating the Rules and not tow unless the vehicle is in a fire lane or blocking a garage, etc." https://www.hoalawblog.com/2012/08/can_the_board_have_vehicles_to.html

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These are the requirements to tow:

https://www.davis-stirling.com/HOME/Towing-Vehicles

If he is not parking for more than 48 hours they would be violating their own parking rules.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars?

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,028
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Thank you.

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Customer reply replied 3 months ago
See if you can read this. My feeling is that we are being harrassed.
What are you asking me to read?
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Customer reply replied 3 months ago
Sorry please disregard
Thank you.
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