Towing Issues: parking rights in a HOA?, local home builders, better business bureau


Question
I'm not sure if we have any recourse here.

We live in San Diego, in a condo complex. Parking enforcement is on-again, off-again and we never know when they are going to push the rules.

I got a notice on my car that I've been parked there more than 72 hours (which is supposed to be the rule for those spaces, but it's not posted anywhere). Another couple of vehicles have been parked there for weeks with no notices/threats placed on theirs. Based on how often they give us tickets, but not others, it seems like we're being harassed.

Here's the thing. With the rules they have set up - 72 hours in an "open" space and no more than 3 days a week in permitted spaces - a residence cannot really park a full week at their residence. We have 1/2 a garage, but we park our motorcycle there because we don't have adequate motorcycle parking on property.

I work from home and don't drive my vehicle every day. It's ridiculous that I can't park my car where I live without going through this elaborate parking "dance".

On top of that, we rent and the HOA mgmt will not even give us the time of day. Do we have any recourse/ rights at all? Or can the HOA basically set any arbitrary rules they want to?

Thanks for your time.

Answer
That will really depend on what your lease agreement says. If they choose to enforce the parking laws at will, it may not be fair, but they can do it. I would suggest taking photos every day to document the biased enforcement and then present it to the HOA. You may also consider contacting the better business bureau and local home builders association. If the HOA is a member of any association I would also contact them.