Riverside, CA asked in Contracts, Real Estate Law and Landlord - Tenant for California

Q: Does the HOA board of directors have to have a meeting and vote in order to enforce the rules of that HOA?

Each unit is assigned 1 parking spot. Renters are using their designated parking spot to park their non-operational car and have created a 2nd “parking spot” to park their operating car. That 2nd “spot” blocks the path going in & out of the back gate creating a safety hazard and just generally blocking the entrance/exit. My HOA mgmt company says they have to vote to decide if they are going to enforce that as a no-parking area. I don’t understand why they can’t just enforce the rules that everyone is assigned 1 parking spot. Are they jerking me around? I’m an owner and I’ve been fighting this for 9 months.

1 Lawyer Answer
Joshua D. Brysk
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  • Landlord Tenant Lawyer
  • Pleasanton, CA
  • Licensed in California

A: The HOA referred to creating or designating a "no parking area." This might be distinct from enforcing the existing rule of "one parking spot." If there is an applicable rule in place, a meeting and a vote is not required. Ask the mgmt company what they mean and why a vote is needed? Put them on notice that this is a safety hazard!

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