Can a townhouse association prohibit you from parking your commercial pick-up on the property that you live at?

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Can a townhouse association prohibit you from parking your commercial pick-up on the property that you live at?

Asked on May 13, 2012 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer is "maybe." That is, it depends on 1) what rights do you have, under your deed and any master deed for the development, to the parking spot; and 2) what powers does the HOA have, under the HOA agreement and any other documents governing it? There is nothing inherently illegal about an HOA having the power to prohibit a commercial pick-up from parking at a townhome, but at the same time, the HOA does not necessarily or inherently have this power. The HOA has those powers, and only those powers, given to it by the documents which create and govern it; and you, as a townhome owner (or tenant of a townhome owner, who could have the rights of your landlord) have those rights to the parking spot given by deed. You need to look to the relevant documents to see what rights you have and what powers or authority the HOA has. Good luck.


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