Hercules, CA asked in Uncategorized for California

Q: What if any liability risk would I face placing parking violation notices on vehicles parked in my HOA

My HOA has asked me to assist in placing warning notices on vehicles parked in violation of the CC&R's

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When placing parking violation notices in your HOA, it's important to follow the community's CC&Rs carefully. Ensure that the rules you’re enforcing are clearly defined and that you have the authority to issue notices as outlined in the governing documents. Inconsistent application of these rules can lead to disputes or claims of unfair treatment.

There is a risk of legal challenges if the notices are not properly handled. For example, if a notice is placed incorrectly or if the process doesn't align with local regulations, you might face complaints from residents. It's also possible for disputes to arise if residents feel the enforcement is overly harsh or discriminatory.

To protect yourself and the HOA, make sure to document all violations and the actions taken. Familiarize yourself with California laws regarding HOA enforcement and parking regulations. Consulting with a legal professional can provide additional guidance to ensure that your actions are compliant and minimize any potential liability risks.

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