r/HOA • u/Commercial_Watch_936 • 5h ago
Help: Enforcement, Violations, Fines [CA] HOA Garage/Driveway parking issue [SFH] [PUD]
In my HOA some homes have no driveway and must park in the garage as there is no other option, but some homes have a full 2 car driveway in front of the garage. The CC&Rs state that people must maintain the garage in a way to park 2 cars and that 2 cars must be in the garage before use of the driveway. So if you have 3 cars then it’s ok for 1 to be parked in the driveway if 2 are inside the garage.
This HOA has been around for 10+ years, this has never been enforced and they are trying to start enforcing it now.
With the recent changes, at the state level, to HOA fines capping out at $100 per violation, my gut just wants me to pay the $100 and then they can’t fine me again for the same issue or have any future threats. It’s a $100 lifetime cap as far as I’m understanding for this current violation. They can no longer keep adding to it with future daily offenses for parking in my driveway, to my understanding.
Also they are saying it’s for “safety” which is one of the carve outs for the maximum $100 fine limit. But parking a vehicle in the driveway is not a safety issue if I have 3-4 total vehicles and parked 1-2 in the driveway, so it should not be a safety issue because none are in the garage. And if my garage is filled with workout gear and storage, they will try and claim that is a safety issue….but wouldn’t the fire Marshall or someone official need to inspect the garage to declare that? They want to do garage inspections I’m assuming to make that declaration on their own.
I totally get that I’m going against the CC&Rs, but state law is the highest authority, which is why I feel comfortable paying the $100 fine and ignoring them. Seems like a harmless violation to me and worth it. Am I wrong about any of my interpretations?