I live in a San Francisco 3 unit building. These are condos that we own. All 3owners have a 1/3 vote in the HOA - we are the HOA. Each unit per the contract/HOA comes with a SINGLE deeded parking space in the garage.
Both Units 2 and 3 voted for a secondary spot, so since majority ruled, I was out-voted back in approx 2005. I voted against it, but stated that if they make the Common Space BOX (Unit 2: 2nd car and vespa parked) and the Yellow Hashmarks BOX (Unit3: 2nd vehicle) as their temporary parking spot (meaning it's not deeded), they would have to put additional dollar in per month. They voted about $25 additional per month per unit. Of course I screamed murder!
I'm in Unit 1 and i have a very difficult time parking my car and pulling my car out. It takes about a good 15 minutes. The way I would park is pull in to the Yellow hash mark, and parallel park backing into my space. The way I would pull out of the garage is drive up to the common space and parallel out.
Since both units 2 and 3 are using the additional spots behind their deeded parking spot, it has made my parking situation a nightmare. The 2nd car where unit 3 is parked with the yellow has marks, as far as im concern is illegal and the garabage cans is a safety hazzard since they block the emergency exit the door- the door does not open full swing. Garabage bins were originally located and should be located in the common space area.
The two additional vehicles for unit 2 parked in the common space is making it impossible for me to park and get out. I have since damaged my car on the front left corner and left rear corner of my car trying to get out. (side note: one of my earlier roommate who parked in my same spot at the time had also damaged his vehicle. I did not have a car at that time so i allowed him to use it as a tenant in my unit.) They've asked of me to instead of entering the garage driving forward, that I reverse my car and then back into the garage to park, which I think its unfair. Why should with only one car space be inconvenienced while these 2 units can simply drive forward into the garage.
Both Units 2 and 3 have had a guest park in the other unit's second spot when the other unit is on vacation to house sit. Example in this case, Unit 3 still maintained both parking space, and had a guest park in Unit 2's 2nd spot since both where on vacation and out of town.
More recently Unit 2 could not get his car out and so instead of banging on Unit 3's door, he banged on my door early sunday morning when everyone was still sleeping. My take is that if Unit 3's 2nd spot was not there, unit 2 would not have any problem. I was well within my boundary lines. But im the one who is inconvenienced again.
Configuration of the parking spaces looking from the outside into the garage. Really difficult to draw it here, but basically visualize each "area or space" as a BOX. Unit 2 to the far left hand corner of the garage and Unit 3 to the far right of the corner of the garage. Unit2 BOX and 3 BOX are right next to each other separated by a single line. A little down and to the right of Unit 3 is the emergency exit doors for tenants in Unit 1 and Unit 3 entering into the garage. Large garbage and recycle bins interfere with the doors opening full swing today.
Direclty behind Unit 2 is the Common space BOX. directly behind Unit 3 is a BOX filled with Yellow Has Marks designating not for parking. Unit 1 BOX (my parking space) is right behind the Common space BOX.
WALL WALL
_______________________________
----------------------|/////////////////////|emergency exit
|/////////////////////|
|/////////////////////|
Unit 2 |/////////////////////|Unit 3
|/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
_________________|/////////////////////|
----------------------|/////////////////////|
|/////////////////////|
|/////////////////////|
common space |/////////////////////|YELLOW
|/////////////////////|HASH
|/////////////////////|MARKS
|/////////////////////|
|/////////////////////|
_________________|/////////////////////|
|/////////////////////|
|/////////////////////|
Unit 1 |/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
|////////////////////|GARAGE entry
_________________|
WALL |
the Bylaws stated that the HOA member can submit for a mediation first, etc. I truly believe that my property rights have been violated and the HOA members have taken an unfair advantage of the configuration of the parking spaces for their selfish reasons.
In 2006, i tried to work this out, then i moved out of the city due to a job relocation. Since then moving back, Unit 2 was sold to a new owner (he's the one with the 3 vehicles). Unit 3 recently advertised their condo with an additional parking space for an extra monthly fee.
Not only is this affecting my property rights, my peace to live here. I have to deal with these unfair parking set ups and NOW, these guys are advertising a second spot in their Real Estate for sale posting. Further this is devaluing my property since they are changing the original single deeded parking space situation.
Questions:
1.) Do I have a legal case to win this? Lawyers ask for retainer fees.
2.) How should I proceed to win this case? HOA says i need to go to mediation first. But would that work? SHould i just go to an attorney?
3.) Do they have the right to EVEN vote on designating a secondary parking spot? Is this something they can even vote on? being that each have a 1/3 vote, Im the one at the disadvantage because of my parking location. Even if I wanted to (which i don't) to have a second parking space it would be right in front of the garage entry which i think is unfair.
4.) do they have right to advertise a sell their units with an additional parking space.
5.) Do i have the right to tow their second car spot even though they voted for a second car spot?
6.) Do i have the right to tow their guest parking in the second spot?
7.) Can you provide a referral her in Local San Francisco who understands the complexity of the law here?
Please provide a detailed response. Need major legal advice. Steps on what needs to be done.
Thanks for your time and thanks a lot for creating this type of forum for people like me
Both Units 2 and 3 voted for a secondary spot, so since majority ruled, I was out-voted back in approx 2005. I voted against it, but stated that if they make the Common Space BOX (Unit 2: 2nd car and vespa parked) and the Yellow Hashmarks BOX (Unit3: 2nd vehicle) as their temporary parking spot (meaning it's not deeded), they would have to put additional dollar in per month. They voted about $25 additional per month per unit. Of course I screamed murder!
I'm in Unit 1 and i have a very difficult time parking my car and pulling my car out. It takes about a good 15 minutes. The way I would park is pull in to the Yellow hash mark, and parallel park backing into my space. The way I would pull out of the garage is drive up to the common space and parallel out.
Since both units 2 and 3 are using the additional spots behind their deeded parking spot, it has made my parking situation a nightmare. The 2nd car where unit 3 is parked with the yellow has marks, as far as im concern is illegal and the garabage cans is a safety hazzard since they block the emergency exit the door- the door does not open full swing. Garabage bins were originally located and should be located in the common space area.
The two additional vehicles for unit 2 parked in the common space is making it impossible for me to park and get out. I have since damaged my car on the front left corner and left rear corner of my car trying to get out. (side note: one of my earlier roommate who parked in my same spot at the time had also damaged his vehicle. I did not have a car at that time so i allowed him to use it as a tenant in my unit.) They've asked of me to instead of entering the garage driving forward, that I reverse my car and then back into the garage to park, which I think its unfair. Why should with only one car space be inconvenienced while these 2 units can simply drive forward into the garage.
Both Units 2 and 3 have had a guest park in the other unit's second spot when the other unit is on vacation to house sit. Example in this case, Unit 3 still maintained both parking space, and had a guest park in Unit 2's 2nd spot since both where on vacation and out of town.
More recently Unit 2 could not get his car out and so instead of banging on Unit 3's door, he banged on my door early sunday morning when everyone was still sleeping. My take is that if Unit 3's 2nd spot was not there, unit 2 would not have any problem. I was well within my boundary lines. But im the one who is inconvenienced again.
Configuration of the parking spaces looking from the outside into the garage. Really difficult to draw it here, but basically visualize each "area or space" as a BOX. Unit 2 to the far left hand corner of the garage and Unit 3 to the far right of the corner of the garage. Unit2 BOX and 3 BOX are right next to each other separated by a single line. A little down and to the right of Unit 3 is the emergency exit doors for tenants in Unit 1 and Unit 3 entering into the garage. Large garbage and recycle bins interfere with the doors opening full swing today.
Direclty behind Unit 2 is the Common space BOX. directly behind Unit 3 is a BOX filled with Yellow Has Marks designating not for parking. Unit 1 BOX (my parking space) is right behind the Common space BOX.
WALL WALL
_______________________________
----------------------|/////////////////////|emergency exit
|/////////////////////|
|/////////////////////|
Unit 2 |/////////////////////|Unit 3
|/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
_________________|/////////////////////|
----------------------|/////////////////////|
|/////////////////////|
|/////////////////////|
common space |/////////////////////|YELLOW
|/////////////////////|HASH
|/////////////////////|MARKS
|/////////////////////|
|/////////////////////|
_________________|/////////////////////|
|/////////////////////|
|/////////////////////|
Unit 1 |/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
|/////////////////////|
|////////////////////|GARAGE entry
_________________|
WALL |
the Bylaws stated that the HOA member can submit for a mediation first, etc. I truly believe that my property rights have been violated and the HOA members have taken an unfair advantage of the configuration of the parking spaces for their selfish reasons.
In 2006, i tried to work this out, then i moved out of the city due to a job relocation. Since then moving back, Unit 2 was sold to a new owner (he's the one with the 3 vehicles). Unit 3 recently advertised their condo with an additional parking space for an extra monthly fee.
Not only is this affecting my property rights, my peace to live here. I have to deal with these unfair parking set ups and NOW, these guys are advertising a second spot in their Real Estate for sale posting. Further this is devaluing my property since they are changing the original single deeded parking space situation.
Questions:
1.) Do I have a legal case to win this? Lawyers ask for retainer fees.
2.) How should I proceed to win this case? HOA says i need to go to mediation first. But would that work? SHould i just go to an attorney?
3.) Do they have the right to EVEN vote on designating a secondary parking spot? Is this something they can even vote on? being that each have a 1/3 vote, Im the one at the disadvantage because of my parking location. Even if I wanted to (which i don't) to have a second parking space it would be right in front of the garage entry which i think is unfair.
4.) do they have right to advertise a sell their units with an additional parking space.
5.) Do i have the right to tow their second car spot even though they voted for a second car spot?
6.) Do i have the right to tow their guest parking in the second spot?
7.) Can you provide a referral her in Local San Francisco who understands the complexity of the law here?
Please provide a detailed response. Need major legal advice. Steps on what needs to be done.
Thanks for your time and thanks a lot for creating this type of forum for people like me
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