ExpertLaw.com Forums

Parking in Association Area

Printable View

  • 10-30-2011, 02:39 AM
    smiley96792
    Parking in Association Area
    Hi I just moved into a new home in California and I have three cars but I only have two parking spaces. My landlord told us before we moved in that we could use one of the four out side parking spaces but come to find out we live in a association area and they fined me and towed my car. There is no were in rental agreement that it said we had to abide my any association rules or that we were even in one. The rental lease dose not say any thing about parking and landlord seems like they really don't care as long as they get there money. Theres no were eles to park for 3 blocks Pls let me know if I have any legal grounds.
    U
    My question involves landlord-tenant law in the State of: California
  • 10-30-2011, 06:28 AM
    Disagreeable
    Re: Parking in Association Area
    You are responsible, as is the landlord, to follow the terms of the lease. Absent a written promise of additional parking, you are out of luck. He cannot give you permission to use the property of others, without their permission.
  • 10-30-2011, 12:45 PM
    SChinFChin
    Re: Parking in Association Area
    Quote:

    Quoting smiley96792
    View Post
    Hi I just moved into a new home in California and I have three cars but I only have two parking spaces. My landlord told us before we moved in that we could use one of the four out side parking spaces but come to find out we live in a association area and they fined me and towed my car. There is no were in rental agreement that it said we had to abide my any association rules or that we were even in one. The rental lease dose not say any thing about parking and landlord seems like they really don't care as long as they get there money. Theres no were eles to park for 3 blocks Pls let me know if I have any legal grounds.
    U
    My question involves landlord-tenant law in the State of: California

    I take it that you rent from a landlord, either in a condo, townhouse, or coop situation where the common areas are under the jurisdiction of an HOA. I've been a LL where I had condos where an HOA has jurisdiction over the common areas, and I have an addendum in my lease saying that the tenant has to observe all the rules of the HOA, those in effect, and going forward, with copies of the bylaws.

    The rules of my HOA covers parking spaces, garbage disposal & recycling, quiet hours, pet ownership to name and few. As a unit owner, I have agreed to abide by all the rules of the HOA, and had I not included the HOA rules in the lease, both the tenant and myself would be in big trouble. I was told a unit owner had to evict a tenant, because the tenant had no idea what the pet rules were, nor those of quiet hours, or garbage disposal, and I can't imagine other unit owners who all agreed to abide by the rules, have to put up with someone who won't, on the technicality the LL just forgot to mention about the rules.

    In your case, get hold of the LL right away, it's his problem, and tell him that you'll have to break the lease (if that's what it takes) because he is unaware of the HOA rules, and you have three cars. If these are the association rules, I can't expect them to make exceptions for you due to an incompetent landlord.
  • 10-30-2011, 02:45 PM
    smiley96792
    Re: Parking in Association Area
    Right! That's what I was thinking also. I am a young student and fairly new to renting so I was just looking for someone elses input thank you very much.
  • 10-30-2011, 04:56 PM
    Mr. Knowitall
    Re: Parking in Association Area
    Even if the landlord agrees that he thought it was okay to park a third car on the association's property, I am skeptical that your inability to do so would be deemed sufficiently material by a court such that it would justify breaching your lease.

    Given that you were towed, it seems reasonable to infer that the area that you parked in is posted. What do the signs say?
  • 10-31-2011, 04:54 PM
    smiley96792
    Re: Parking in Association Area
    The only sign that's posted reads "no public parking unauthorized vehicles will be towed at owners expense "
All times are GMT -7. The time now is 07:10 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved