Condo Bylaw is being misinterpreted by board

[tlferg]

What is the name of your state? Michigan
Hi, I feel my parking condo Bylaw is being misinterpreted and not sure how I can remedy the situation. The following is the bylaw.

Co-owners must first utilize their garage for housing their vehicle(s). Parking of additional vehicles in the general parking area may require prior written permission from the Board of Directors.

My interpretation - both cars must be parked in the 2 cargarage. (No storage to displace cars - limited parking)
Hoa board interpretation - only 1 car must be parked in the 2 car garage.

For context - there is no driveway to park. There is an additional general center parking area for 8 vehicles. 16 condos with 2 car garages to use those 8 spots.

 

[justalayman]

I agree with you but why is this a problem?

 

[tlferg]

Because the Hoa board states the interpretation as only one car has to be parked in the garage. I have no parking for guests because people are storing junk in there garage - we have a basement and attic.

 

[justalayman]

Because the Hoa board states the interpretation as only one car has to be parked in the garage. I have no parking for guests because people are storing junk in there garage - we have a basement and attic.

I’m guessing what you mean is that other owners are using their garages for storage and using the open parking spaces and you have no parking available.

Let me ask you this: what would be the difference if each owner had 4 cars parking 2 in the garage and 2 in the open parking?

It sounds like you need to run for board president and you can enforce the rules as you wish. I don’t think youlll win this. Argument.

 

[tlferg]

I’m guessing what you mean is that other owners are using their garages for storage and using the open parking spaces and you have no parking available.

Let me ask you this: what would be the difference if each owner had 4 cars parking 2 in the garage and 2 in the open parking?

It sounds like you need to run for board president and you can enforce the rules as you wish. I don’t think youlll win this. Argument.

That' fine-it's not against the bylaw stated. Following the Bylaw would at least help the situation. I did do a poll in another forum all 21 people who voted sided with my interpretation of the bylaw. I'm thinking someone on the board might be using their garage for storage and is being dishonest about the meaning of the Bylaw.

 

[justalayman]

That' fine-it's not against the bylaw stated. Following the Bylaw would at least help the situation. I did do a poll in another forum all 21 people who voted sided with my interpretation of the bylaw. I'm thinking someone on the board might be using their garage for storage and is being dishonest about the meaning of the Bylaw.

As I said. I don’t disagree with your interpretation. That isn’t the point. I just don’t see a means of requiring the board to act in the manner you believe they should.

 

[adjusterjack]

I'm thinking someone on the board might be using their garage for storage and is being dishonest about the meaning of the Bylaw.

I don't understand what that has to do with you.

Do you own your condo? If you own, how are garage spaces assigned? Does each condo have its own attached two car garage? Some other arrangement? Are you having an issue with parking your car?

I can't render an opinion without a better fact pattern.

 

[tlferg]

I don't understand what that has to do with you.

Do you own your condo? If you own, how are garage spaces assigned? Does each condo have its own attached two car garage? Some other arrangement? Are you having an issue with parking your car?

I can't render an opinion without a better fact pattern.

I own the condo - each condo has a 2 car attached garage. There are 8 extra parking spots for 16 condo units - my guest can never find parking because people store junk displacing cars into the center parking.

Am I missing something or looking at this wrong - I just see a Bylaw and it should be followed, any reason, excuse, ect. should not matter.

 

[justalayman]

I own the condo - each condo has a 2 car attached garage.
Am I missing something or looking at this wrong - I just see a Bylaw and it should be followed, any reason, excuse, ect. should not matter.

Should be is correct. The problem is what power do you have to demand they interpret and enforce it as you believe it should be. Without that, should be is irrilivent.

 

[quincy]

Your condo association bylaws should (must) have procedures outlined for dispute resolution. Look to your bylaws first.

If the HOA will not enforce the "two cars in the garage" provision, so the additional eight spaces are freed up for guests, only a court can order the HOA to comply with their bylaws.

 

[adjusterjack]

I own the condo - each condo has a 2 car attached garage. There are 8 extra parking spots for 16 condo units - my guest can never find parking because people store junk displacing cars into the center parking.

Am I missing something or looking at this wrong - I just see a Bylaw and it should be followed, any reason, excuse, ect. should not matter.

Got it.

Trouble is, if the board is allowing this to happen there isn't anything you can do about it unless you and like minded homeowners unseat the recalcitrant board members and get yourselves elected so you can start enforcing the bylaws.

 

[tlferg]

I just wanted to thank everyone for their input/advice for this situation.

 

[quincy]

I just wanted to thank everyone for their input/advice for this situation.

You're welcome, tlferg. We all appreciate the thanks so thank you.

Good luck with your efforts to get the HOA board to recognize the problem and see the parking provision the way you do.

 

[FarmerJ]

My tired mind wants to know is there any thing anywhere written into the bylaws that addresses guest parking ? ( with special O softball tournaments down in the cities today my shift ended at 7a so its off to bed LOL)

 

[quincy]

My tired mind wants to know is there any thing anywhere written into the bylaws that addresses guest parking ? ( with special O softball tournaments down in the cities today my shift ended at 7a so its off to bed LOL)

From what was quoted of the provision, the 8 additional spaces are for "general parking."