QUESTION

Does the following allow charging fees for use of the Common Area?

Asked on Mar 20th, 2016 on Real Estate - California
More details to this question:
The right of the Association to assign, rent, licenser otherwise designate and control use of parking space on any road shown on the subdivision map and the recreation area of the Common Area, and to charge reasonable fees for use.
Report Abuse

1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
Update Your Profile
There are a variety of documents to be checked before I can answer that. For example, does the HOA want to allow persons who are not owners, occupants or guests to park on the HOA's roads and charge them for it? There might be provisions in the CC&Rs or in the first deeds to the buyers or in the disclosure documents, which would prohibit allowing outsiders to park on HOA property. Is the HOA trying to charge members for parking on the HOA roads? The CC&Rs or the first deeds to buyers might grant easements to the HOA owners to park on HOA roads and only allow the HOA to charge outsiders.  Is the HOA trying to charge guests of members? Same question the documents for the subdivision might not allow the HOA Board to interfere with guests visiting the homes of members from parking on the HOA roads. This will require a thorough review of the CC&RSs, the first deeds out from the developer, and the disclosure package. That one sentence might be controlling, but it also might not be. Dana Sack
Answered on Mar 24th, 2016 at 9:41 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters