• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Parking policy - legal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

portland55

Junior Member
What is the name of your state (only U.S. law)? Oregon

Our HOA recently created the following parking policy:

If you currently have a covered spot (purchased as part of the original condo purchase price) you are not allowed to use any of the common covered parking spaces.

If you have a 2 bedroom condo, you are allowed to use 1 of the common covered parking spaces.

If you have a 3 bedroom condo, you are allowed to use 2 of the common covered parking spaces.

Questions:

Is this policy legal? Does this policy discriminate against the owners of condos who own covered parking spaces because they aren't permitted to use the 'common' covered parking spaces? Aren't these owners paying just as much for the 'common' assets as those owners who didn't originally purchase covered parking spaces?

Thank you for you time.
portland55
 


Mass_Shyster

Senior Member
Is this policy legal?
Yes
Does this policy discriminate against the owners of condos who own covered parking spaces because they aren't permitted to use the 'common' covered parking spaces?
Yes. (Note: This is not illegal discrimination. Owners of covered parking spaces are not a protected class)
Aren't these owners paying just as much for the 'common' assets as those owners who didn't originally purchase covered parking spaces?
Yes
 

portland55

Junior Member
Quote:
Aren't these owners paying just as much for the 'common' assets as those owners who didn't originally purchase covered parking spaces?
Yes
Putting it another way...The association has allocated a resource(the covered parking spaces) to one group of owners without compensating the owners who are denied use of that resource.

This is legal?

If legal, why?
 

FarmerJ

Senior Member
If your not happy with this board and any one else feels that way too then its time for you all to start running and seek the seats of those you wish to replace. BTW where do guest park ? did they do any thing that changes guest parking rules?
 

portland55

Junior Member
If your not happy with this board and any one else feels that way too then its time for you all to start running and seek the seats of those you wish to replace. BTW where do guest park ? did they do any thing that changes guest parking rules?
Parking is not available for guests. Parking is constrained which prompted the rules on the covered parking.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top