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The issue is regarding the Restrictions : homeowner shall park all cars in your garage unless otherwise impracticable. The board does not allow homeowners parking in the driveway, they imposed fines on us when we park on our driveway. Our by-law states "none of the restrictions contained shall be construed to prohibit the challenged, disabled or handicapped". We are not disabled, but we are "the challenged" as many times we have problem to open the door, got hard time to in and out of the car when two cars all jammed in it. The board is simply not working with us and we cannot take control via voting procedure as well. What can we do, is there NJ HOA law to protect us? Where I can find the HOA law for NJ This is 55 years old community, and 2/3 units have only one car, so 1/3 units have problem with this parking two cars in the garage, but we cannot take control via voting procedure to change the Restrictions.
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Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the condo association regulations are enforced by the courts unless there is discrimination based on color, religion, handicap, etc. the condo association is a 'private' entity. this is not a 'state' entity. as such, 'state' laws, other than discrimination, do not apply. you would be successful if you can prove handicap discrimination. please let me know if we can help. ed dimon, esq. 732-797-1600
Answered on Mar 03rd, 2014 at 1:27 PM