Mike
December 15th, 2007, 03:00 AM
In July, we bought a house in a community with an HOA.
During an open house in May, we had a discussion with a neighbor whose car was parked in the shared driveway. The neighbor informed us that neither he nor the previous occupants used the garage for parking their cars, and they had an "agreement" to park there, alternating months.
Brent went inside and talked to the listing realtor, who told us we had both a garage and a parking space. Brent then called the City the next day; the City representative said the neighbor could not block access, but that the HOA would have to have his car towed since it is private property.
We also reviewed all the disclosures, and none placed any limitations on use of the garage.
Brent called the HOA Board President and told him of our concern, and that we did not want to buy a house if we could not park in the garage at any time due to a neighbor blocking the driveway. The President told Brent it would not be a problem--he would talk to the neighbor, so it would be a moot point. Brent told the President to hold off actually informing the neighbor until we learned whether our offer would be accepted--in case another offer was accepted and that buyer did not have a car.
Based on the Board President's statement and the disclosures, we made an offer on May 8, it was accepted on May 10, and we closed on July 31.
Once our offer was approved by the court, we informed the President and asked him to talk to the neighbor and let him know the house no longer was going to be vacant so he would stop parking in the driveway. The President then said that the neighbors should work it out on their own.
When we moved in, the neighbor continued to park in the shared driveway area. We started an email dialog with the President. He definitely was not sympathetic to our concerns. The Board Secretary, who has a similar situation, also was not sympathetic, essentially telling us, "I don't park in my garage... why would you want to park in yours?"
Brent and I had a conversation with the neighbor, who said his wife likes to park the car close to the house's back door. However, they do not want to park in the garage because the laundry is in there. Both the President of the Board and the neighbor suggested we park in the driveways of people who don't have cars. That was not acceptable to us.
Brent had conversation with the Board President, who said he'd spoken with the HOA's lawyers, who suggested this should be taken to small claims court. However, this was not a dispute about an unpaid debt.
Finally, in frustration, we made an appointment with a lawyer who specializes in real property issues. We had a consultation with him, and at the end, he requested that we obtain a letter from the Board that indicated they would not enforce the CC&Rs, if we wished to pursue the matter.
Brent conveyed that request to the Board. Because both Mike and the neighbor are on the board, they were recused from deliberations on the issue. The Board Secretary was traveling until the week after Thanksgiving, so the Board could not meet until her return. However, during that time, we followed the attorney's advice and started a PR campaign.
Fortunately, one of the neighbors with whom we discussed the matter had participated on the committee to review/rewrite the CC&Rs a couple of years earlier, and she immediately engaged several other members of that committee. They were offended that the Board President planned to "just change" the CC&Rs to alter the parking rules to accommodate certain neighbors' whims, and several wrote notes of protest to the President.
A couple of weeks ago, a quorum of the Board met and unanimously voted to enforce the current CC&Rs, without modification. The neighbor was directed not to block the shared driveway.
We get to use our garage!
During an open house in May, we had a discussion with a neighbor whose car was parked in the shared driveway. The neighbor informed us that neither he nor the previous occupants used the garage for parking their cars, and they had an "agreement" to park there, alternating months.
Brent went inside and talked to the listing realtor, who told us we had both a garage and a parking space. Brent then called the City the next day; the City representative said the neighbor could not block access, but that the HOA would have to have his car towed since it is private property.
We also reviewed all the disclosures, and none placed any limitations on use of the garage.
Brent called the HOA Board President and told him of our concern, and that we did not want to buy a house if we could not park in the garage at any time due to a neighbor blocking the driveway. The President told Brent it would not be a problem--he would talk to the neighbor, so it would be a moot point. Brent told the President to hold off actually informing the neighbor until we learned whether our offer would be accepted--in case another offer was accepted and that buyer did not have a car.
Based on the Board President's statement and the disclosures, we made an offer on May 8, it was accepted on May 10, and we closed on July 31.
Once our offer was approved by the court, we informed the President and asked him to talk to the neighbor and let him know the house no longer was going to be vacant so he would stop parking in the driveway. The President then said that the neighbors should work it out on their own.
When we moved in, the neighbor continued to park in the shared driveway area. We started an email dialog with the President. He definitely was not sympathetic to our concerns. The Board Secretary, who has a similar situation, also was not sympathetic, essentially telling us, "I don't park in my garage... why would you want to park in yours?"
Brent and I had a conversation with the neighbor, who said his wife likes to park the car close to the house's back door. However, they do not want to park in the garage because the laundry is in there. Both the President of the Board and the neighbor suggested we park in the driveways of people who don't have cars. That was not acceptable to us.
Brent had conversation with the Board President, who said he'd spoken with the HOA's lawyers, who suggested this should be taken to small claims court. However, this was not a dispute about an unpaid debt.
Finally, in frustration, we made an appointment with a lawyer who specializes in real property issues. We had a consultation with him, and at the end, he requested that we obtain a letter from the Board that indicated they would not enforce the CC&Rs, if we wished to pursue the matter.
Brent conveyed that request to the Board. Because both Mike and the neighbor are on the board, they were recused from deliberations on the issue. The Board Secretary was traveling until the week after Thanksgiving, so the Board could not meet until her return. However, during that time, we followed the attorney's advice and started a PR campaign.
Fortunately, one of the neighbors with whom we discussed the matter had participated on the committee to review/rewrite the CC&Rs a couple of years earlier, and she immediately engaged several other members of that committee. They were offended that the Board President planned to "just change" the CC&Rs to alter the parking rules to accommodate certain neighbors' whims, and several wrote notes of protest to the President.
A couple of weeks ago, a quorum of the Board met and unanimously voted to enforce the current CC&Rs, without modification. The neighbor was directed not to block the shared driveway.
We get to use our garage!