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gauge024 · Feb 25, 2011, 06:37 PM

I am a renter in a condo. The building originally had a large number of guest spaces available. These were later gated in because the HOA wanted to have gated parking. The spots are no longer usable as guest spots. The three spots that remain have been designated as "permit parking". My friend's car was towed from one of these spots and I'm fighting with the HOA about it.

Is there any law that mandates a minimum number of guest parking spots for condos? Or a law that would prevent the permit parking?

cdad · Feb 25, 2011, 07:04 PM

You need to check with your city/county and see what they say. Some areas are covered by a renters commission or rent control board.

ScottGem · Feb 25, 2011, 07:09 PM

I couldn't find any law that would require the HOA to offer quest spaces. There may be laws as to the minimum number of spaces for the complex.

ballengerb1 · Feb 25, 2011, 08:21 PM

Your fight with the HOA board will not always turn out good. The board is other property owners like yourself. They got elected by popular vote by the owners and they make the rules that most owners want. As a renter they have little obligation to you or your complaint. Have you spoken the owner you rent from?

Fr_Chuck · Feb 25, 2011, 08:25 PM

Yes, is there a specific number of parking spots that come with the unit. I know when we rented down town, we had two spots for our unit,

ballengerb1 · Feb 25, 2011, 08:28 PM

Good point Chuck. OP should check his lease to see what he was guaranteed.

LisaB4657 · Feb 25, 2011, 08:31 PM

The only way I can see you winning this is if the governing documents of the condo (the master deed and/or site plan) provided for guest parking spaces. If they did, and if the condo association's board didn't follow all of the necessary procedures for amending the governing documents, then you win.

But this will involve a lot of research. First you have to get a copy of the governing documents and see if there is anything that says there will be guest parking spaces. If there is then you will have to review the amendments to the documents. It may end up costing you more in time and money than the cost of the tow.

ballengerb1 · Feb 25, 2011, 08:38 PM

Good point Lisa but a renter has no standing with a HOA. The owner of the unit would have to get on board with the renter to complain. Covenants are written as law but do not get into this kind of detail. Rules and regs are written later and are easily changed. I also suspect we don't have all of the details. There were a large number of spots but now there are only 3 permits spots. Where did all those parking spots go?

LisaB4657 · Feb 25, 2011, 08:48 PM

Ballenger, covenants often get into this kind of detail. I know. I used to write them. :) And site plans often show designated guest parking. The site plan, if recorded as part of the governing documents (which it always is in NJ) means that it becomes the law of the condo and has to be amended by following the by-laws.

A tenant may have standing with the HOA for this purpose. It depends on how the governing documents deal with tenants. If they say that the tenants may exercise some of the owner's rights then there could easily be made a case that this tenant has standing.

I think that this case is feasible. But it may not be worth it.

gauge024 · Feb 25, 2011, 09:02 PM

Thanks for the posts so far! The other spots are now extinct -- they are covered by the gating (basically cut in half) that surrounds the parking area.

cdad · Feb 26, 2011, 06:15 AM

Originally Posted by LisaB4657

Ballenger, covenants often get into this kind of detail. I know. I used to write them. :) And site plans often show designated guest parking. The site plan, if recorded as part of the governing documents (which it always is in NJ) means that it becomes the law of the condo and has to be amended by following the by-laws.

A tenant may have standing with the HOA for this purpose. It depends on how the governing documents deal with tenants. If they say that the tenants may exercise some of the owner's rights then there could easily be made a case that this tenant has standing.

I think that this case is feasible. But it may not be worth it.

Lets get some clarity here. Covenents alone won't have all this information in it. The term here that applies is CC&R's. Covenents,Conditions and Restrictions. It's a grouping of documents filed with the title and created first by the owners (sellers) of the development and ratified by and protected on behalf of the home owners assc.

In California real law a tennent has the rights of ownership with exception to title. They may treat a rental property as their own. They can not sell nor transfer nor encumber the property.