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We recently received a letter from our HOA informing us there are new rules regarding the parking situation.
Essentially, they want copies of:
1. Current lease agreement
2. Current vehicle registration
3. Proof of current auto insurance
Does the HOA have any legal authority to require these private documents?
Do they have any burden of proof, demonstrating the safe handling, storage, access to, and security of these documents?
In order to have any legal weight, shouldn't these copies be certified from the issuing authority?
It seems they are over-stretching their powers, for a seemingly simple task.
This should simply require "Name, Address, Contact # - Vehicle Description / Make-Model / Plate#" .. And a bit of common sense.. Tags can be verified if they're current by just looking at the plates..
This is an extremely small community, everybody knows everybody. It seems more like a ploy to see what people are renting their homes for.
If you state does not specifically prohibit such things (I really doubt they would) then the HOA is almost certainly able to collect the info. I further doubt that they really care what the units are renting for, and are more concerned that there too many cars and not enough spaces. Some one might have had a bad experience with a two bed room having two couples and four cars or something similar.
They are allowed to do so. One of our HOA's does the same. They do it because of many HO and renters claiming to many cars as guest cars. By registrating the renters cars as well as the HO cars they know which car belongs at which home and if one of the cars is parked in the guest car parking they can tow it...all thanks to some HO and renters who misused the system...
Going to try'n devour some of the actual legal powers and limitations HOA's have.
I have a feeling, there's a lot of 'assumed' power, but not real legal power.
CALIFORNIA CODES CIVIL CODE SECTION 1350 (http://www.pmlvoice.com/pml/images/Davis%20Stirling/DS%20TOC.htm - broken link)
Jeez, yet another reason I would live in a tent before a HOA.
Everything my HOA does is something I would do anyway and I knew all the rules when I bought my home so there is no issue. What things do they enforce that you would not do anyway
Everything my HOA does is something I would do anyway and I knew all the rules when I bought my home so there is no issue. What things do they enforce that you would not do anyway
It is not the issue of what I would not do, but an issue of the rules in the first place. I have never lived in an HOA, as I refuse to live in an area that has rules for "my" property.
I don't need some insecure HOA boss telling me to weed my grass, cut it every week, what to not park on my property, what color to paint my house (the part that isn't vinyl) so I might not mistake it for the 200 other houses that look exactly the same, what kind of fence to install, and the list goes on.
I hate everything about HOAs. Some people like their lives micromanaged. However, I do not. The government gives me enough rules to follow like a "good citizen", I don't need any more.
I fully agree that parking spaces, and several other HOA doings are things that should be enforced.
But the invasion of privacy isn't needed to achieve them.
Additionally, these are New rules, not rules which were in place while moving in, hence the reluctance to immediately comply. I would like to know what the HOA's legal limitations are.
An extreme example would be requiring a urine sample to ensure the neighborhood/tenants are drug-free to provide a safe environment. Surely that's excessive? I'm sure everyone has their own personal view on what is excessive to them.
To me, requiring personal contract information, and personal insurance records, etc, is excessive. These rules were not in place when I moved into the community 8 years ago, and now they are trying to implement them in a somewhat excessive manner. Again, my opinion. That's why I would like to know the actual law. Not just what people accept.
The rules are fine, it's just about how they go about enacting and enforcing them.
My parents live in a above avg housing community & the HOA are discusting. Its almost like they live in stalag 13. I hate going their & i havent in months.
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