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You signed a lease that doesn't let you park on the premises or on the street? Or is my lack of sleep killing me?
As far as the HOA - he can't enforce the covenants of the HOA, and HOAs don't charge for street parking. Many don't allow it, but that's an entirely different issue. If there is an HOA here that doesn't allow it, and they send the homeowner a violation notice, he can't turn around and send them a check for "X" amount to make it OK.
Also, if there is an HOA, they either enforce that part of the covenant or they don't and it's usually based on the neighborhoods willingness to police the issue. If other people are parking on the street, then they can't go after one homeowner.
And, I live in an HOA that has rules about street parking, but we are plowed by the town when (if?) it snows.
I'm confused! You're not permitted to park on the premises or in the street.......so where do you park? It really sounds like this guy doesn't want you to have a car. Or a bike, for that matter.
Update: My roommate and I have decided to pay for this month's parking fee. However we will tell our landlord that we will look into the matter further and look into the HOA ordinance, codes and laws.
I'd also like to mention that the landlord isn't exactly playing by the "rules".
If it helps any, I'm a student living in the township of Brookhaven.
He can't charge you to park in the street and I think you're nuts to give him money to park there. Is there a place where you can park your car that we are all missing?
Just cause its in the lease doesn't make it legal. If he wrote in the lease that he has a right to shoot you in the head while you're sleeping would that be legal?
I'm new to this thread and a first time renter and I'm caught in between a rock and a hard place.
I currently reside with two roommates in Brookhaven and our landlord has decided to enforce the Parking aspect of the contract which reads:
"Parking: TENANT is not allowed to park any vehicle on the promises [sic] nor on the lawn or on the street except as specifically approved (with fee of $50/month) by the LANDLORD. Mechanical work on motor vehicle and washing of same is prohibited. There is a visitor parking on the driveway but not guaranteed. TENANT may only park a vehicle that is registered in the TENANT'S name. This space is exclusively used for the parking of passenger automobiles by the TENANT. No other type of vehicle or item may be stored in this space. Only vehicles operational and currently registered in the State of New York may be park in this space. Any vehicle that is leaking any substance must not be parked anywhere on the premises. Bikes can be stored in garage or porch. Storing bike anywhere inside the house is prohibited. Fine of $50 will be charged per incidence."
Now, does the landlord have the right to charge for usage of a municipal roadway even though we signed the contract? Does it violate any ordinance codes or laws?
The thing is we don't want to report our landlord (yet) and potentially ruin our housing situation for the year. I just want to try and resolve this without having a third party legal consult present.
I've looked over the Brookhaven town laws as well as Suffolk County laws and I don't see anything that pertains to on-street parking...
Thanks for the help!
Two family review boards will sometimes ask about the parking situation for the tenant(s) of a legal apartment. Some local governments make a big deal about it (not sure about Brookhaven).
Another possibility is that a property has illegal apartment(s) so the landlord does not want too many cars out in front because it might the illegal situation too obvious.
Whatever the case, it looks like your landlord is uncomfortable with the parking situation but is willing to let you pay him an extra $50.00 a month to make him feel more comfortable. Assuming the road is a public road (?) I do not think this is a legal thing to do.
Good point, but we don't want to create bad blood between the landlord and us. We've decided to pay the fee to appease him. We just need more time to scope out the laws and figure out what we could say without jeopardizing our housing situation...
"...Since several others in the house would like to buy cars, I have to enforce the parking charge as we all agreed that each car should pay me $50/month of charge. It can minimize the use of parking space. Our*neighbors will be disturbed even cars park on street. I would like to have all of you park your cars on drive way to avoid interrupt neighbors.
Please be aware that I will charge each of you who has a car $50/month from this month."
He seems to be forcing us to park in the driveway to justify us paying him...
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