Jim, Real Estate Pro in Colorado Springs, CO

Our HOA rules have provisions regulating the use of parking spaces to wit Vehicles which are parked on

Asked by Jim, Colorado Springs, CO Fri Apr 25, 2008

subdivision property ILLEGALLY without current license plates or have not been MOVED for a period of 5 days or longer shall be DETERMINED (by whom ?) to be ABANDONED and may be tiwed and/or ticketed. Please advise the Property Management Firm of any extended parking. (example: leaving on vacation or a long business trip). The obvious intent of this provision is to address : used car lots , inoperable, vehicles, park & ride, or vehicle storage abuse of a limited supply of available parking spaces on the condo property. Each resident has ONE reserved parking space. Nonreserved spaces are available on a first come - first serve basis. MY question is : Doesn't the HOA/property management firm have a burden of PROOF to establish that a vehicle has in fact NOT BEEN MOVED for a period of 5 days or longer ? it every 5 days) The HOA's position is that the vehicle owner has to PROVE it has been moved by parking it in a different space - even though written rules simply define " moved"

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Susan Walker’s answer
Frustration with HOA's is not unusual and unfortunately it could be a legal matter, thus I can't answer your question because I don't know who has the burden of proof and second this sounds like a sticky situation in which more details would need to be discussed with proper counsel.

HOA's do have rights under state laws as do the residents so if you are unable to resolve this matter with the HOA or management company directly I'd advise you to contact an attorney to get proper counsel in regards to your rights.

Good luck on this one,
Susan Walker
0 votes Thank Flag Link Fri Apr 25, 2008
Jim: There are board members-- and others who live in the complex/ or area, in which the HOA regulations are enforced. There are people-- who look for cars that have not moved-- and at times--- home owners call into the HOA to give them a heads up. 5 Days is pretty short. Most HOA's allow a car to be parked 2 weeks or longer. I understand this is frustrating. They do tow-- and it is very costly to get the car back--as much as over $ 500.00, in addition to a fine from the HOA. This is why-- many Buyers-- choose not to purchase a property with an HOA-- as there are many rules that HOA enforces. In addition to being costly in many ways. All the best, Kathryn
0 votes Thank Flag Link Fri Apr 25, 2008
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