Question:
We moved in a community with HOA, before buying the property we asked about parking. Our agent called the management company at the time and relayed to them that we had a daughter in High School that was driving so if it was going to be a problem we would not go through with purchasing the home. The agent got back to us and said it was ok for our daughter to park in the driveway and so we put our bid in and purchased the home. Well for 8-9 months our daughter parked in guest parking or the driveway along with another residents that had been living in the community for years doing the same thing, all of a sudden we are getting violation letters. We explained everything and asked for a waiver but was turned down, they wanted our young daughter to park off property and then walk on to the compound which would be very far away if we could find parking off property. We have bears and bobcats and it is very unsafe for a young woman to be walking alone in any area. The other problem I have is the board member park where they want when they want and its ok when they break rules and nothing happens, also me and my husband are both disabled with proof is there anything we can do to fight this
– Tally
Answer:
Hi Tally,
Kindly review the governing documents to verify what the parking rules are. If parking in the driveway or guest parking is prohibited, and the board members are parking in violation of the rules, this may be a case of selective enforcement. You may gather evidence and raise this issue at a board meeting or by sending a letter. You may also review the governing documents to see whether you’re allowed to call a special meeting to discuss the issue.
If all else fails, you may opt to remove the problem board member(s). The Colorado Common Interest Ownership Act Section 38-33.3-303(8) states that the unit owners, by a vote of sixty-seven percent of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant or a member elected pursuant to a class vote. The governing documents may also outline procedures for board member removal. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
