Owner Parks in Space Reserved for Guests

QUESTION: Our association has a problem with an owner who is parking his vehicle in the guest parking spaces. We have only seven guest parking stalls for 31 units.

One place in our covenants, conditions and restrictions (CC&Rs;) states that owners, lessees or guests may park in the guest parking stalls; in two other places in the same document it states that guest parking is for guests only and owners must park their vehicles in their garages.

Should we amend our CC&Rs; so that this inconsistency is resolved?

ANSWER: I believe the intent of your CC&Rs; is to reserve the seven guest parking spaces for guests only. Most city codes stipulate a certain ratio of guest parking spaces be set aside based upon the number of units with owned parking spaces or garages. I advise you to check with the city planning or code enforcement division to see what they have to say about this.

Then check with an attorney who specializes in community association law about amending your legal documents. Some attorneys will say that the association should consider the needs of its owners rather than the needs of guests.

After you have checked with the city and the association’s attorney, then you will know whether to go after the offending owner.

This is a common problem in many associations. You can be sure that unless the board takes steps to enforce the guest parking areas, other owners will soon be using it also.

In my opinion, if the owner who is parking in the guest spaces is doing so because his garage is stuffed to the rafters with stored items, he should be told to comply with the CC&Rs; and park his vehicle in his garage. He is trampling on the rights of other owners who deserve a place for their guests to park. Contact the local fire marshal to see if the fire safety codes restrict the use of garage spaces for storage.

Where to Obtain State Laws on Condos

Q: My husband and I live in a 60-unit homeowner association. Your column has given me the confidence to run for election and now I am serving on the board of directors.

I know that there are state laws that pertain to community associations but none of the former board members has researched this matter. You have written about this subject before, but I didn’t write down the information. Could you please tell us where to find out about state laws that govern community associations?

A: Try your local library. Most libraries have a reference section that contains the California statutes. If this information is not available at your local library, call your county law library and ask if they provide copying service.

Most of the laws governing community associations appear in the California Civil Code, Sections 1350 through 1373. If your association is incorporated, you will want to consult the California Nonprofit Corporation Code, Sections 7210 through 7238. Statutes of limitation are covered in the Civil Code, Sections 337 and 338. Disclosure requirements for transfer of ownership of residential property are covered in Sections 1102 through 1107 and Sections 1133 and 1134.

RV Lot Board Wants Changes in CC&Rs;

Q: I am on the board of directors of an “own-your-lot” recreational vehicle park in Riverside County. We have 385 lots. In the past five years we have voted on several changes to our CC&Rs.; Recently, we found out that these changes must be recorded. Could you please tell us the proper procedure for doing this?

A: You will have to be able to show evidence that these CC&R; changes were approved according to the amendment procedure outlined in the CC&Rs.; Be prepared to show signatures and voting results and an affidavit signed by officers of the association stating that the vote was properly conducted.

Call the Riverside County recorder’s office at (714) 275-1910. They will tell you what the filing fee will be and then you can proceed with the recordation. If you have problems, consult an attorney.

Board Won’t Repair Floor Leak Properly

Q: My ground-floor unit is built on a concrete slab. Moisture seeps through the foundation and my kitchen floor is ruined, the linoleum is discolored and the seams are curled up. There is so much dampness that mold accumulates around the metal base of the patio doors.

For four years I have spoken to and written to the board members about this. A contractor suggested that a waterproofing material be applied and a trench along the exterior should be dug out and filled with gravel. Instead of following the contractor’s advice, the association had a cheaper waterproofing material applied on part of the outside wall. The repairs were not effective and moisture continues to seep into my unit.

I was promised that my floor would be replaced, but when I asked for a written statement that the association would take care of it, I was put off.

How do I get the association to stop the leaking and repair my linoleum?

A: You have been unduly patient with an association that has been very unresponsive. The situation that you describe is unhealthy. Write to the board and demand that they tell you how they are going to deal with this problem. Give them a reasonable deadline, possibly 30 days, for responding. Request that a claim be filed with the association’s insurance company.

Since this is an ongoing problem, it is not too late to find out what the insurance company will do for you. After the waterproofing work is successfully completed, the insurance company may pay for a new linoleum. The association must follow through on this for you and pay for the flooring if the insurance company denies the claim.

If the association fails to act within a reasonable amount of time, call the building and safety division of your city to see whether your moisture problem is a health and safety code violation. The board would then have to correct it.

You may have to contact an attorney or Legal Aid or a mediation service to force the board to take action. An alternative plan would be to pay for the work yourself and try to collect from the association through small claims court or civil court action. Please write again to let me know how this is resolved.

Hickenbottom is past president of the Greater Los Angeles chapter of the Community Associations Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions, but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,” Box 5068, Thousand Oaks, Calif. 91360.