HOA may amend parking rules without recording the amendments

Facts: The covenants, conditions & restrictions (CC&Rs) of a homeowners’ association (HOA) prohibited the HOA from discriminating against owners when creating or amending its CC&Rs. An owner of a unit in the HOA parked an inoperable vehicle in front of his garage. The HOA amended its parking rules to prohibit inoperable vehicles from parking in front of any garage in the association. The owner did not move his vehicle and the HOA had his vehicle towed.

Claim: The homeowner sought monetary compensation, claiming the HOA violated the CC&Rs by enacting a parking amendment which discriminated against him since he was the only homeowner with an inoperable vehicle.

Counter claim: The HOA claimed the CC&R amendment did not discriminate against the owner since it applied to all owners within the HOA.

Holding: A California appeals court held the HOA did not discriminate against the owner since the parking amendment applied equally to all owners in the HOA, even though the owner was presently the only owner in violation of the CC&Rs.

Also at issue in this case:

Facts: The owner of a property in a homeowners’ association (HOA) parked his inoperable vehicle in front of his garage. The HOA amended its parking rules to prohibit inoperable vehicles from parking in front of garages. The HOA did not record the amendment and posted a notice on the vehicle informing the owner his vehicle would be towed if he did not move it. The owner did not comply and the vehicle was towed one month later.

Claim: The homeowner sought monetary compensation, claiming the HOA was unauthorized to tow his vehicle since it did not record the amended parking rule before enforcing it.

Counter claim: The HOA claimed recording the parking amendment was not necessary since the HOA may remove a parked vehicle if it has given notice prior to removal.

Holding: A California appeals court held the owner could not collect monetary compensation since the HOA operated within its rights to tow the vehicle without recording the parking amendments. [Sui v. Price (2011) 196 CA 4th 933]

Credit given to the first tuesday Journal Online — P.O. Box 5707, Riverside, CA 92517.

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