How canIget my condo board to approve a common area parking pass?

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How canIget my condo board to approve a common area parking pass?

I live in a gated community. Our CCR states that a very limited parking passes for the common area will be granted. My elderly mother (70 years old) now resides with me due to her finances and some medical conditions. She still drives and loves the freedom to be able to go anywhere (doctors, recreation programs, etc). I requested a common area parking pass for her as there is no street parking allowed outside of our community. The Board Members denied it. I will ask for an appeal. Can you please tell me what my options are to convince them to approve it?

Asked on February 7, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There may be no way to do this. The key issue is, are there any criteria that the board must consider in granting these passes, or is their discretion unbridled? (Look to HOA agreement, bylaws, any and all documents governing the creation and authority of the board.)  If there are criteria they must follow, then you can look to enforce those criteria; if the board has fairly absolute discretion, though, they can decide to not grant the pass to your mother.

The only other recourse would be if you can show that they have given passes to people who are not elderly, female, or disabled (assuming your mother's medical condition rises to the level of disability). If they have but denied your mother, you may be able to show that they improperly discrminated on the basis of age, sex, or disability; though if she is not herself an owner, that may constitute reasonable grounds for not giving her a pass, if the only people who get passes are owners.


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