[drmikew]

I was just issued a citation from the HOA for having a classic car stored in my garage. The first citation I received stated that I am not utilizing my garage properly. What is utilizing my garage properly, I have a car in there, tools, and storage items. Long story short I did not think anything of it, then a second notice comes in the mail which states that I am not able to have a car that is not operable in my garage. Has anyone had a similar situation? Can a HOA regulate what I keep in my own garage when the garage door stays shut? What about the neighbor down the street that stores a boat in his garage, what is the difference? Anyway, if anyone can give me some advise I would appreciate it. My hearing is on this Thursday the 7th of December.
P.S. I only have one car in my driveway and many of my neighbors have two, three and even more. Some of my neighbors have cars in their driveways as well as in the street. I though HOA and CC & R's were in place to make sure your house was not an eye sore to your neighbors?

[AA702]

That is outrageous! Someone must not like you there! I have a Classic Car 1970 Chevelle SS in my garage and I drive it once in a while for a cruise or car show. Its covered and I don't live in community with an HOA. That to me is pretty lame! I would fight that because what are you suppose to do? Pay for storage? Its not an eyesore! Its in the friggin' garage! Someone that lives in your eye's view must have said something!

[PinkString]

The HOA's expect us all to use our garage for it's "intended purpose." Which they say we must park all operating cars in it and not use it for storage. In fact, I just received a notice that I can't use my garage for storage or I will get a $100 a week penalty.
I have half of it for storage and the other side I park my car in it. The storage is nice and neat. I only have one car. They can't fine me for using the rest of it for storage. As far as I'm concerned, they can stick their letter somewhere. lol
Everyone got the same letter, and I believe it's intended for people that never park in their garages but use it solely for storing things, recreation etc.

Look very carefully at the wording in your CC&R's regarding your garage. And the parking rules and regulations. We noticed in the paperwork that they expect us to use the garage for its intended purpose, but it never quite says what. So people generally tend to ignore it. And one of my close neighbors has a boat in his garage, tools, and uses the rest for storage and recreation for the kids, and parks his 2 trucks and a car in the guest lot.

Be careful of some of the homeowners on the board of directors. We have some really nitpicky types on our's and they want to play God with us all and dictate how we live,etc. I always thought the purpose of a HOA was to make sure our houses weren't eyesores, etc, but now I know they really exist to cause problems and fine as many people as they can so they have a nice cash reserve for whatever they use it for.

Good luck at your hearing. Fight it and don't cave in.

[BobKovacs]

It depends on what the CC&R's for your development say- some places allow cars as long as the door is closed, others have different regs. You received a copy of the CC&R's when you bought the house, and acknowledged receipt of them- read them and see what you signed on for, as you may be SOL.

[drmikew]

That is where the problem lies, I do not have the CC & R's due to the fact I am only renting my house. Now should that change anything?

[AA702]

Is the car drivable? why dont you show them you drive it? Is there a destinction of what is a car that is stored or used part time? If your a renter, maybe you should ask the owner or the property management company and see what they say.

[BobKovacs]

Originally Posted by drmikew

That is where the problem lies, I do not have the CC & R's due to the fact I am only renting my house. Now should that change anything?

It doesn't change anything, other than the fact the landlord will be getting spanked with the fines if you are in violation- as a tenant, you're bound by everything the landlord is. I'd speak to your landlord and have them see what the CC&R's say.

[olecapt]

Originally Posted by BobKovacs

It doesn't change anything, other than the fact the landlord will be getting spanked with the fines if you are in violation- as a tenant, you're bound by everything the landlord is. I'd speak to your landlord and have them see what the CC&R's say.

Where did you get that Bob? The Landlord is bound by the CC&Rs but that does not extend to the tenant unless in the lease and the tenant has the CC&Rs or at least a list of the rules he must follow.

Other than that you will get to some sort of a reasonable person standard. A reasonable person should be able to keep a classic car in his garage.

So what does the lease say? If nothing I would think it instantly becomes the Landlords problem. The tenant does not normally even have standing to attend the HOA meeting...

So read the lease..what does it say?

[AA702]

Are there other renters in your street? I know some of those neighborhoods hate the fact there are rentals.

[PinkString]

Where we live, the renters must follow the same rules the homeowners do. The owners must give their renters the rules, and the renter agree's to abide by them. Most renters in our area do not follow the rules, so it results in lots of fines for the owners of the rentals.