Hoa parking policy

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Hoa parking policy

I purchased a townhome 5 years ago. This year, the HOA decided to enforce a parking policy that would require me to park my 3rd car outside of the neighborhood, onto a public street. At the time of purchase, no communication was made that a parking policy would be enforced. Do I have any legal grounds to challenge this policy?

Asked on June 16, 2018 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not have any right to challenge it legally. An HOA has a right to enforce its policies: the fact that it may not have done so in the past does not prevent it from enforcing them in the future. (That is, a prior failure to enforce does not "waive" its right to enforce it going forward.) The HOA was under no legal obligation to communicate to you that they would enforce this policy in the future, and you had no legal right to rely on or assume that a failiure to enforce it in the past would prevent future enforcement.


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