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I may need to hire an HOA attorney since I am in some sort…

I may need to...

I may need to hire an HOA attorney since I am in some sort of war with my HOA. However, I would like to get some advice first.

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

I just moved into this community 1 month ago. I noticed that my reserved parking spots have always been parked by other cars. After 1 month and 5 notes later, I 'd had it and went to talk to HOA. I demand the cars to be towed. However, the HOA refused and instead wanting me to work things out with the neighbors.

Lawyer's Assistant: Where is the property located?

My issue is that there is no sign stating that this is a private lot and HOA also say that they dont have contract with a towing service. However, in my CC&Rs, it clearly says that unauthorized vehicles would be towed. It also says that homeowner would be the one to call the towing company. Baltimore County, MD.

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

Yea, my question is if I can call a towing company to get those cars removed, or if I can sue the HOA for not following what it states in cc&rs regarding the unauthorized vehicles.

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Customer reply replied 2 months ago
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Answered in 24 minutes by:
6/9/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,894
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

While the HOA has discretion in how they enforce their bylaws and Covenants, if their failure or refusal to enforce is violating the rights of a particular owner, the owner can file a suit for declaratory judgment against the association and the offending owner and seek damages for breach of contract for violating your rights to your space PLUS a declaratory order to the HOA to properly enforce this Covenant. So you do have grounds for a legal action against the HOA and the other owner for improperly taking your space (if it is one particular other owner). If it is multiple other owners taking your space, then your suit would be only against the association.

If the covenants say you as homeowner can call the towing company, then you can indeed do so and have the cars removed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
However, another attorney gave me a different answer. He says that since there is no sign stating that this is a private lot, I cannot get a car towed or I can be sued.

Thank you for your reply.

As far as posting, that would apply to visitors and guests, but other residents have notice by the Covenants. You can still sue the HOA in court for enforcement, but they would not be able to tow the non-residents without posting.

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Customer reply replied 2 months ago
But will I be able to tow if HOA can't? I don't know if those vehicles belong to residents or guests.

Thank you for your reply.

It is a problem if the vehicles do not belong to owners. So you should not tow unless it is posted without knowing the vehicle is specifically belonging to another owner.

I would suggest it is better for you to file suit against the HOA for declaratory judgment to force them to put up signs and to enforce their covenants.

Ask Your Own Real Estate Law Question
Customer reply replied 2 months ago
Thanks

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,894
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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