Parking issues in a condo building (HOA ineffective)

[Atul Mohlajee]

I own a condo in a 10 unit building and have a tenant there. The tenant has her aloted parking spot #5 with the condo. Most of the days, the tenant can not park in her spot because the person with adjacent parking spot #6 encroaches into my tenant's spot. I called the association repeatedly and HOA refuses to tow incorrectly parked car. The are asking my tenant to make adjustment and not asking incorrect parker to fix her parking. What options do I have stop paying HOA, deducting HOA fee for parking spot, or retaining a lawyer to sue association? Please help here.

[Chris Seveney]

@Atul Mohlajee

Have you reached out to the other person who is parking incorrectly? I would start there.

[Atul Mohlajee]

Yes.  Other person says that she cannot park effectively so my tenant should move her car and work with her.  This condo was bought in 2008 and there was no parking issues until October 2022, when the other person moved in.

[Richard F.]

Aloha,

Do not waste your time with phone calls to the management. Send a clear, concise, unemotional letter with the facts that reference the specific rule being violated and whether that is a stall assigned by management to your unit, or if it is a "limited common element" exclusively for the use of your unit. Take a photo documenting the relative positions of the two vehicles. (Is there an obstruction, such as a column or plumbing stack that restricts one of the stalls?) If the neighboring vehicle is fairly well centered, not much you will be able to do. If they are crowding your line, then you may have a chance. If they have an oversized vehicle, you may have a better chance. (If they are actually over the line and partly in your designated space, have them towed, or have the HOA tow it if they are responsible for enforcement and towing.) Regardless, put it in writing, send it "Certified, Return Receipt Requested". That way you will have documented that it was received, in case no action is taken or response received. Depending on response, and in particular if they reject your request, determine what the appeal process is, usually you need to respond in writing within 30 days requesting a hearing. Then you attend the hearing and further plead your case.

You have NO authority to deduct or withhold payment of HOA fees. They can and usually will initiate legal actions up to and including foreclosure. The only other options you have, depending on your local laws and Governing Documents of your HOA are mediation or arbitration, both of which are much less costly than a lawsuit.

[Colleen F.]

@Atul Mohlajee  who is on the board?  If the occupant overparking on the right is on the board nothing with happen until you replace them. If the occupant on the left of your tenant is the board and your tenant overparks onto their space as a consequence of this issue you may get action. Not sure it will be what you want. HOAs often feel tenants are second class to owners.

Thinking out of the box: see if it is  viable to agree to switch spaces or put some traffic poles on the line to mark it  Maybe she just needs parking lessons. Go down there and put some visual cues in.

[Paul De Luca]

@Atul Mohlajee

What does the other person mean by "she cannot park effectively"? What is preventing them from parking within their space? It should be made clear to the adjacent parker that they need to park correctly. If it continues to be a problem I would put pressure on the HOA to send notices to the adjacent parker to park correctly. Provide photo evidence every time the person parks incorrectly. Eventually I'm sure the HOA will be motivated to resolve the issue.

Like others have pointed out it would not be wise to withhold payment of HOA fees since the issue is not grounds for withholding payment.

[Angie Russell]

Unfortunately, I do not think you have any recourse to not pay your dues. You are constantly going to management but just remember, the management company works for your Board and no one else. Go to the board. Take pictures and show up to meeting. Are the spots deeded? If so, not so easy to change. 

[Russell Brazil]

Have the car towed. 1 or 2 times of that happening, and they wont park in your space again