If my neighbors street parking is obstructing our ability to enter/exit our driveway, do we have legal standing here?

We live is a gated community where all tenants own their homes but not the land so we all pay HOA and land rent fees. One of the rules in the community is “No Street Parking”, however our neighbor parks in the street 24/7 and blocks us from entering or exiting our driveway. The thing is, they are not parked on/in our driveway, but because of the diagonal position of our driveway, I can’t enter or exit when they are street-parked. We asked the neighbor to not street-park and put up a sign, but they ignore us. Next we spoke with the community manger and he asked them to stay off.

Asked on July 30, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Maybe, maybe not.  But the HOA has standing to enforce the rules and you have a right to insure that they do.  Write a letter by certified mail return receipt requested advising that the neighbor's are violating the rules and that their violation not only causes difficulty for you to be properly exit, but to safely exit because it obstructs your ability to view traffic, etc.  That if this violation remains un checked by the HOA it could result in serious injury to property and person and incur liability for the development in general.  They should act and if they do not then get an attorney yourself to make them act.  Good luck. 


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