Question:
We have two homeowners that do a lot of auto repairs in their garages.Our CcRs state.
No owner shall conduct major repairs or major risk restoration of any motor vehicle boat trailer aircraft or other vehicles upon any portion of the common area or limited common area.
We sent a Violation that they could not do auto repairs in their garage. I had the homeowner come down and talk to me last night and told me that the garage is part of their home and we can not stop them from doing auto repairs in their garage. I need to know if the board is right or if the homeowner is correct.
Second concern deals with Sanitary containers. The CC&Rs state Sanitary containers located in appropriate areas screened and concealed from view. The problem we have in our HOA is, there’s not a lot of places to conceal them other than in the garage, so we’re having everybody put them in the garage.Are we correct in this action?
Thank you for your help.I look forward to hearing back from you.
– Robert
Answer:
Hi Robert,
Kindly review the community plat or map and the governing documents to verify whether garages are considered part of individual property or if they are considered common areas or limited common areas. This may shed light on whether or not homeowners may make repairs within garages.
As for sanitary containers, it may be wise to consult with your HOA management company or HOA attorney to ensure garage placement is in line with the CC&Rs. It may also be wise to consider homeowner input to determine what’s best for your community.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.