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My HOA just sent mail that cars parked on the street will be towed. It is not in CC&R and was not voted on HL
Our covenants do not mention this rule and our Board of directors did not put this new rule to vote. Instead they just sent us a notice. I would like to challenge it. Can they enforce this rule without it being in the CC&R, or without putting it to vote. Please help.
3 Answers
- 1 decade agoFavorite Answer
The base documents for any home owners association will define all rules and regs. It should also define what the process is for passing a new rule or reg.
So, your board may not have put it to full vote of the association. The bylaws may allow the board to pass a new regulation through board vote only. You need to study your bylaws to be certain.
If they are doing something unapproved, you can either get a lawyer to force compliance, or get the other homeowners together to demand accountability.
- Mrs. WCLv 41 decade ago
I don't think this is legal. Many people have parties and family gatherings. Parking on the street is necessary most times, especially in newer subdivisions where you can only park 2 cars side by side in a driveway. (My daughter's house is like that) I would be royally TICKED if my car was towed while I was visiting her and my grandchildren.
You should challenge this. Cars that are not running and parked on the street should be towed IMO. But to tow a car just because it's parked there maybe for a few hours or overnite. NO!
- kevin tLv 41 decade ago
Is this a public street? If so, I don't think that they can enforce it. If it is a private street, you may still be right about it not being enforceable without there being any voting on it. Good luck.