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Restricted Access to Deeded Parking Space in HOA

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#1 abacab


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Posted 20 July 2012 - 06:57 AM

Recently the HOA voted for a special assessment to put up a fence around the parking area, and residents were given an access device to open the gate. I was behind in my HOA payments and was not given the device. However, this is not a parking garage, it is a flat-surface lot with deeded parking spaces, and I have now been denied access to my space. I am able sometimes to follow another resident into the lot when the gate is opened, and the HOA cannot do anything about this once I am in.

I made two offers of monthly payments to bring my account into current account. They were both refused, even though they were reasonable, and so I stopped paying the HOA fees and assessment. They now want the money and have threatened legal action, but I want to push back and take legal action against the HOA for denying me access to my deeded parking space.

I am in Georgia. What is my legal recourse?

#2 pg1067


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Posted 20 July 2012 - 11:50 AM

You'll need to have a local attorney review your deed and your HOA's by-laws and CC&Rs in order to advise you.

#3 Guest_FindLaw_Amir_*

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Posted 20 July 2012 - 12:22 PM

I agree with the previous poster, you may want to consult with a local Georgia Real Estate Lawyer to address this issue.

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