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alevinemi

Can HOA regulate how non-public space is used?

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I had a question about one of my HOA regulations, and whether it is appropriate.

 

They state that our detached garages (private, not public area) are to be used for vehicle storage.  A condo owner with two cars is expected to store them both in the garage.  If the condo owner owns a third car, they may park it outside, parallel to the garage.

 

I only own one car, but would like to use my garage as a photo studio.  To me, it seems unreasonable that my neighbors can park parallel to their garage, but I cannot, simply because I only own one car.  Can the Condo association change the rules for me based on the number of cars I own?

 

The garage is totally enclosed - it isn't a carport.  There is no way to know what the garage is being used for unless the door is open, so it isn't an exterior aesthetics issue.

 

 

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alevinemi,

 

I understand your concern but its common place for HOAs to have authority over things you may not realize. It all boils down to what’s covered in a CC&R . By moving in and agreeing to the CC&Rs you have agreed to allow them to regulate your home in a certain matter. 

 

Take a look at the following:

What Homeowners Associations May Regulate

Homeowner Association Basics

 

The FindLaw.com Team

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Can they?  Yes.  Do they have the right to?   Depends upon the terms and conditions of the HOA agreement which you agreed to abide by when you bought the property.  Did you read them before you bought?  Have you read them since you bought?

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Can the Condo association change the rules for me based on the number of cars I own?

 

Probably.  The answer can be found in your regulations, which, obviously, no one here has read.  Can't imagine why the association would do that, however.

 

You agreed to this rule when you bought the property (and probably signed something expressly agreeing to the rules).  If you didn't like it, and especially if you knew at the time you bought the place that you wanted to create a photo studio, you shouldn't have bought the place and agreed to the rule.

 

The obvious purpose of the rule is not to regulate what you do in the garage but to minimize the numbers of cars parked outside of the garages.  If everyone has two car garages, then parking one or two cars in a garage is no issue, but three cars obviously can't be parked in a two car garage, so your objection that it's somehow not reasonable to require that you park your one car in your garage but to allow a neighbor to park a third car outside the garage is illogical.

 

That you don't like the rule has nothing to do with it's legality, and you are free to lobby your fellow residents to vote to change the rule.

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Can the Condo association change the rules for me based on the number of cars I own?

 

They aren't changing the rules based on the number of cars you own. The rules are already there and apply to the use of the garage regardless of the number of cars.

 

As others have suggested, this (and other equally draconian rules) is likely what you signed up for when you bought into the HOA.

 

You gave up a significant amount of freedom in exchange for the "security" of an HOA community.

 

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin

 

 

The garage is totally enclosed - it isn't a carport.  There is no way to know what the garage is being used for unless the door is open.

 

Don't kid yourself. The HOA is full of busy bodies who have nothing better to do than cruise the community night and day looking to rat out anybody who doesn't conform to the HOA standards.

 

It's reminiscent of NAZI Germany where children were given uniforms and taught to rat out their families.

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