Question:
My neighborhood association is extremely heavy-headed when it comes to just
about everything... no dry grass patches, no weeds, no portable basketball
hoops left out overnight, no trash and yard debris containers visible from
the street, no trailer/boat/RV parking, all exterior modifications require
pre-approval (even patio decks unseen from the street!) and so on.
I recently was sighted and fined $100 for having a car parked out in front
of my house for a couple of weeks. I fully admit the vehicle is mine and it
was indeed parked there, but didn't know it was a violation. My main beef is
this. Since moving into my house two and a half years ago, I have never been
provided a copy of the bylaws or asked to sign any kind of agreement. They
just drop their little letter bombs, fining this and that.
They are now adding late fees to the fine and threatening to send it to a
collection agency. My question is, how best to go about fighting this? I
have written several direct, but polite letters asking to have the fine
waived--all have gone unacknowledged. I am considering a small claims suit
to have the fine dismissed and for any damages to my credit rating. Is this
winnable?
Any advice would be appreciated.
Answer:
It is not unusual for limits to be placed on how long a vehicle can be
parked on the street -- in both private communities and public streets.
Every city or community I have lived in here in California has had such
regulations.
If by 'two weeks' you mean that the vehicle wasn't moved during that
time I can see why this might result in some concern -- In our community
the street sweeper cannot do a proper job if cars are parked on the
street, and a few folks will park (actually they will store for weeks at
a time) motor homes or RV's on the street if they are not specifically
prohibited from doing so.
I suppose that the Board of Directors could waive the fine if they
wanted to but your description of the situation seems to indicate that
things have progressed beyond that point. I would pay the fine and move
on even though it sucks. $100.00 for a parking fine (especially if it is
a first time infraction) seems very steep to me. I think we start with a
warning here and then progress to a $50.00 fine next, and finally
escalate to towing the vehicle if there is still no reaction.
A more serious concern to me is that you do not seem to have a copy of
the CC&R's or rules and regulations. These should have been provided to
you when you purchased your home as a condition of escrow (if you are a
homeowner) or should have been provided to you by the property owner if
you are renting or leasing. Actually, if I were considering purchasing a
property where there was a HOA I would insist on reviewing the CC&R's
and rules and regulations BEFORE proceeding with the purchase. You never
know what you might find in there and it is very prudent to fully review
this stuff before buying in. You should also review the HOA financial
information to verify that the HOA is financially sound to avoid any
unpleasant surprises.
I would contact the association ASAP and request a copy of the documents
so you can study them to avoid problems in the future.
