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estela26 · Jun 6, 2011, 03:18 PM

I own a unit in a condominuim for 5 years. I have a boyfriend that have a motorcycle, he is not alow to go in the parking lot , (the security guard did not open the gate) to pick me up in the front of the building. But few motorcycles are parked in the parking lot ( I have the pictures that prove it) I asked to the securities and the answer is they folow the instructions that they receive from the members of the board. (one security say that was verbal order). We try to talked with the property manager but she was busy to talked with us, and was very umfriendly. I had the same problem in the past with my car, that she reuse to give me the bar code to use the owners gate unless I prove I'm the owner of the car.
What I can do? Can I sue the building that make my life a problem?

ScottGem · Jun 6, 2011, 03:55 PM

So you prove yo own the car once and you get the pass. I would imagine every owner needs to. As to the motorcycle, are other people (cars and cycles) allowed in to pick up residents?

ballengerb1 · Jun 6, 2011, 04:15 PM

Many HOA have owner parking and guest parking. You are apparently in a gated community and your BF's bike is not an owner vehicle so he can not pass the gate. You were given a copy of the HOA rlues when you bought but most folks are over loaded with paper at closing so maybe you missed the covenants, rules and regs. Many folks would be happy with this level of security.

excon · Jun 6, 2011, 04:18 PM

Hello e:

Instead of suing them, you could make a complaint to the Civil Rights Division of the Justice Department... I would.

excon

ballengerb1 · Jun 6, 2011, 04:20 PM

Curious Ex, on what grounds?

excon · Jun 6, 2011, 04:25 PM

Hello b:

She says she's being discriminated against. I have no reason to disbelieve her. They CAN'T treat her differently than any other resident.

excon

ballengerb1 · Jun 6, 2011, 04:30 PM

Her posts gives no clue as to why she is/would be discrininated other than she dates a biker. He is supposed to be stopped at a gated community, the other bikes may belong to other owners. We really don't have enough to go further with. If you have ever lived in a HOA community you will find many rules and many violators who have not read the rules or simply just do not like rules.

excon · Jun 6, 2011, 04:37 PM

Originally Posted by ballengerb1

Her posts gives no clue as to why she is/would be discrininated other than she dates a biker. We really don't have enough to go further with.

Hello again, b:

Hmmmm... Your take might be so... She doesn't mention her race, but I got that she's being discriminated against because of THAT, and the motorcycle incident is how the discrimination manifests itself. They can't do that.

But, if it's because of the motorcycle, then they're fine.. You're right. We don't know enough.

excon

estela26 · Jun 6, 2011, 05:20 PM

Hi again, I will give more explanations about: I'm latin, that I say before because I did not show to the property manager the title of my car she did not give to me the bar code to use the owner gate, I need stop in the guest gate every time that I need to go in, ring the bell, talk with the security and he/she let me in. In the mortorcycle issue, they don't alow my boyfriend pass the gate to the parking lot to pick my up in the front of the building that all the yellow cab does. But few motorcycles are parked in the parking lot all the time. When my boyfriend pick me up and is not allow to go in he need to turn in U and go out to the street in the wrong way that made this more dangerous that nobidy can see him going out when the cars are going in.
I know that the one of the motorcycles that is parked 24 hs. Is from a police man, and for this reason no one in the board want has problem with. I couldn't talk with anybody. But when I say what happen if we use the exit gate to go in, the security answer: the motorcycle will be town. I have no way to win.

excon · Jun 6, 2011, 05:25 PM

Hello again, e:

They're not treating you very well, but it doesn't rise to the level of a lawsuit.

excon

Fr_Chuck · Jun 6, 2011, 05:56 PM

Ok, you did not show them the title or where it was registered, and did not get a pass. They told you what you needed to do, why will you not just show them the ownership papers?

I guess with that said DO you own the car or not ? Is it in your name or in someone else's name.

As for as the motorcycle, if the other ones parked are owned by people who live there, they are not coming in to pick someone up.

In most locked communities here guests have to be allowed in only if the security contacts the guest and they verify or the guest has provided the name and vechile to be expected

ScottGem · Jun 6, 2011, 06:35 PM

Originally Posted by estela26

Hi again, I will give more explanations about: I'm latin, that I say before because I did not show to the property manager the title of my car she did not give to me the bar code to use the owner gate, I need stop in the guest gate everytime that I need to go in, ring the bell, talk with the security and he/she let me in. In the mortorcycle issue, they don't alow my boyfriend pass the gate to the parking lot to pick my up in the front of the building that all the yellow cab does. But few motorcycles are parked in the parking lot all the time. When my boyfriend pick me up and is not allow to go in he need to turn in U and go out to the street in the wrong way that made this more dangerous that nobidy can see him going out when the cars are going in.
I know that the one of the motorcycles that is parked 24 hs. is from a police man, and for this reason no one in the board want has problem with. I couldn't talk with anybody. but when I say what happen if we use the exit gate to go in, the security answer: the motorcycle will be town. I have no way to win.

First, ballenger raised several points that you did not answer. You say you did NOT show the property manager your title certificate. The by-laws probably state that to get an owner pass the owner has to show ownership of the vehicle. You have admitted that you did not do so. Not only that but you continue to not do so. So I don't understand how you can complain about not getting a pass.

Second, it doesn't matter how many motorcycles are parked on the grounds, what matters is if these motorcycles are owned by owners who have proven ownership. What also matters is whether other visitors are refused entrance. Cabs don't count, they are commercial vehicles and the owner probably called the gate to inform them they called a cab.

To have a case, you have to prove that the rules are being applied differently to you then to other owners. So far, I see no evidence of that. If you have evidence of that, then you may have a case.

estela26 · Jun 6, 2011, 06:55 PM

I own a parking space, why I need to prove them that I own a car, can not use one from a friend, family or somebody in my own space? S not my right have a bar code and place it in any car that I use?

ScottGem · Jun 6, 2011, 07:19 PM

Originally Posted by estela26

I own a parking space, why I need to prove them that I own a car, can not use one from a friend, family or somebody in my own space? s not my right have a bar code and place it in any car that I use?

It depends on what the bylaws say. If the bylaws state that you get a space for your OWN vehicle, then you have to prove ownership. Many HOAs have odd or onerous bylaws that don't make sense or just make it harder on homeowners. The point is that you have to obey the rules of the HOA.

But, as I said earlier, of you can prove that rules are not being applied fairly then you may have a case.

AK lawyer · Jun 6, 2011, 08:06 PM

*yawn*

ballengerb1 · Jun 7, 2011, 06:57 AM

Just to clarify, you do not OWN a parking space. Parking spaces are part of what is called common property and you are allowed to or allocated a parking place, if you follow the rules. I think everyone has given you all the good advice you can have on this topic so I'm moving on. Good luck, don't bother suing