California HOA

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Jerry Doe

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Hello,

A quick question to any possible legal types in California if any.

I live in a crappy boring place and cannot move right now. My HOA (home owner association) has told me I have to put at least one of our cars in the garage. It has motorcycles in it and cars dont fit and I dont want them there. I have read the rules and their own rules say "Passenger Vehicles" must be in the garage. I have Googled "Passenger Vehicle" and unfortunately I dont think a bike is categorized as this. Does anyone know for sure?

I hate this place sometimes! As soon as my house value goes up we are out of here!!!!!

Cheers Jerry
 
Jerry Doe said:
Hello,

A quick question to any possible legal types in California if any.

I live in a crappy boring place and cannot move right now. My HOA (home owner association) has told me I have to put at least one of our cars in the garage. It has motorcycles in it and cars dont fit and I dont want them there. I have read the rules and their own rules say "Passenger Vehicles" must be in the garage. I have Googled "Passenger Vehicle" and unfortunately I dont think a bike is categorized as this. Does anyone know for sure?

I hate this place sometimes! As soon as my house value goes up we are out of here!!!!!

Cheers Jerry

You're lucky the HOA hasn't banned motorcycles...
 
I have read the rules and their own rules say "Passenger Vehicles" must be in the garage. I have Googled "Passenger Vehicle" and unfortunately I dont think a bike is categorized as this. Does anyone know for sure?

From Wikipedia

Department of Transportation's definition of a passenger vehicle, to mean a car or truck, used for passengers, excluding buses and trains.

The United States is home to the largest passenger vehicle market of any country in the world.[1] Overall, there were an estimated 254.4 million registered passenger vehicles in the United States according to a 2007 DOT study.[2] This number, along with the average age of vehicles, has increased steadily since 1960, indicating a growing number of vehicles per capita. The United States is also home to three of the largest vehicle manufacturers: General Motors, Ford Motor Company and Chrysler, which are commonly referred to as the "Big Three." The motor car has become an integral part of American life, with vehicles outnumbering licensed drivers.[2]


I think you're out of luck Jerry

Bob
 
Time to get tats and scare them into beleiving bikes are passenger vehicules :mrgreen:

As far as I'm concerned, a person is a passenger and a bike is a vehicule, you can send me a subpena and a plane ticket if you go to court, but I won't go to jail with you :mrgreen:

Jean

Oh, I accept any of your Nortons as payment :wink:
 
Jerry Doe said:
I hate this place sometimes! As soon as my house value goes up we are out of here!!!!!

So how many series LandRovers do you have in the yard.?
Tell them if they don't stop @#$%^& whining you're staying!!!!
 
rx7171 said:
I have read the rules and their own rules say "Passenger Vehicles" must be in the garage. I have Googled "Passenger Vehicle" and unfortunately I dont think a bike is categorized as this. Does anyone know for sure?

From Wikipedia



I think you're out of luck Jerry

Bob


Yup - bike's in the US are typically classified as "recreational vehicles"
 
Jerry,

What have they threatened to do if you don't comply? Any teeth to this, or just the usual HOA bs?
 
Jerry, per the California Vehicle Code Sections 34710-34715 the Norton is not a passenger vehicle. BUT if your car has four-wheel drive then you have an out (34710 d), I guess my wife's Lexus would not have to park in the garage.


34710. As used in this division, "passenger vehicle" means any
motor vehicle defined in Section 465, except any of the following
motor vehicles:
(a) Motorcycles.
(b) Housecars.
(c) Specially constructed vehicles.
(d) Motor vehicles equipped with four-wheel drive.
(e) Motor vehicles constructed on a truck chassis.
(f) Motor vehicles operated for hire, compensation, or profit.
(g) Makes of motor vehicles of a model year manufactured or sold
in California in quantities of less than 2,000 units for each such
model year.
(h) Motor vehicles designed and constructed by the manufacturer of
such vehicles, for off-highway use, as determined by the Department
of Motor Vehicles.


34715. No new passenger vehicle, except a passenger vehicle
certified by its manufacturer as having been manufactured prior to
September 1, 1973, shall be sold or registered on and after September
1, 1973, unless it has a manufacturer's warranty that it is equipped
with an appropriate energy-absorption system that meets the
requirement for energy absorption systems set by the National Highway
Traffic Safety Administration.



Chuck
 
Jerry

As an Architect I have had to deal with dumb-ass building department or HOA requirements more than i care to remember. Here's an Idea; unless there is a zoning requirement (or covenant) that requires the house to have a garage, you simply convert your garage to a family room or study that happens to have a couple of motorcycles (or whatever) on display. Hence no more garage, therefor no place to park the "motor vehicles". Now I have to advise that doing something like that is a bit more complicated than it sounds due to safety and fire ratings etc. so you would need to consult an Architect or Engineer to show you what would be involved and possibly prepare drawings or what ever to get the appropriate permits. I'm not sure that your particular situation could be resolved by this approach but it might be worth investigating.
Good luck,

Scooter
 
You knew the rules when you moved in. If you didn't , shame on your realator as that is her responsibility.

At any rate, you have a responsibility to your nieghbors to create an athetically pleasing nieghborhood. Can you park any vehicles in the back. Can you move some of the crap out of your garage elsewhere so bikes and cars fit in.

What do they do with residents that have more cars than garage space?

I'm president of our HOA and we do not have such requirements as it would be difficult for residents since most garages are just full of worthless crap. However boats, motorhomes, trailers etc. MUST be behind the houses. Also, if you don't agree wiht the deed restriction, canvase the members to get it changes. Chances are if a majority agrees with the change they need to change the wording. Bring that up at your next meeting. There are ways to work with your board.

So anyhow, see if you can park one in the back etc.
 
Is there a time limit on when you have to accomplish this? If not, tell them you are working on the issue and then MOVE OUT. I lived in a community with an HOA for about 10 years here in VA and got fed up and left. Luckily I made money on the deal to some other sucker. Now I live on 55 acres with no covenants except the county and state restrictions. Nice neighbors here too, much better than the big HOA A*****E people. It's worse than American politics in an HOA, everyone is in your bedroom. Di**heads.

Dave
69S
 
Legally speaking, subdivision covenants and HOA's are asswipe as soon as the last lot is built on. However, if the HOA has been taking your money and can hire a lawyer, they can sue you and the outcome depends on your lawyer vs. theirs and the sympathies of the judge. Normally these deals are set up to make it more expensive to fight than to go along. People in charge of HOAs inevitably go on a power trip and act like little Hitlers in what they treat as their own soveriegn entity. Never sign one of these agreements unless you are prepared to fight it later. Condo setups are quite a bit tougher to buck since you never buy the land under your property.
 
Hmmm. How 'bout thinking outside the box. Literally..... Take a box tie it to the side of your motorcycle and tell them its a sidecar. Now it IS a passenger vehicle :)
 
J.D.'s Blues, part one


Jerry grew up the son of an MG and Austin dealer in Stapleford-Hill-on-Woodford-Heath, East Berkfordshire. As much as he loved his bubble and squeak and pork pie, he desperately wanted to see more of the world. After secondary school, inspired by the Doors "L.A. Woman", he convinced his dad to send him to UCLA to study computer sciences. Doing well in school, Jerry embraced the California lifestyle, the mild weather, beaches, mexican food, and the canyons and hills with his 1968 fastback commando. He also found Evelyn, a charming hispanic beauty who became the love of his life.

Jerry and Evelyn were married in the summer of 1998. She was a bright eyed, enthusiastic elementary school educator, and Jerry was making his own way in the booming IT business. Jerry fell in love with Evelyn's dark haired exotic beauty, and Evelyn found Jerry to have a certain British jen ne se quois that would be the closest to Mick Jagger's she would ever find.

After several years, the couple had two beautiful children, Lisa and Katie, and it was time to leave their small condo in urban santa monica, and find a safe place with room for the kids to grow. Together Jerry and Evie, as he called her, found a spacious home for a fair price in the suburban development known as Tranquil Hills.

In a few short months the family was settled in, the girls were making new friends in a good school, and Evie found an administrative position in a nearby school district. Jerry was content with an hour long commute into the city, knowing his family was safe and happy where they had settled.

But something about Tranquil Hills just didn't work for him. He joked to himself how appropriate that name was, what with most of the neighbors dependent on valium, xanax, and silicone implants to bring them happiness. Most of them seemed to be really different than him, and he felt a bit like an outsider.

One of the things besides his beautiful young family that made him truly happy was his rapidly growing motorbike collection, and the crew in the local INOA chapter he met with once a month. Unfortunately, it was this association and camaraderie that would indirectly be the start of a major headache and angst for a smashing chap who loves his bikes.

After a club meeting on a Sunday afternoon, Jerry invites a few friends out to the house for a pint or two, and some of Evie's sublime Pollo con Mole Poblano, a dish that tastes as great as it sounds. As the three Commandos and an Atlas idle into the subdivision, the neighbor across the road feels as if his tranquility has been approached upon, and goes to his front door to see the four bikes and riders stopping in the driveway opposite his.
 
Such is life behind the "Orange Curtin" Jerry. I live in Fullerton about 10 miles North of you in Irvine (Irv-A-slime) as we call it. I have a private two car garage and can park on the street but street sweeping is a pain! With two bikes, two classic cars and a truck I had to rent a space in a neighbors garage. Now I'm selling my 1972 Mercedes to save the rent $. Anyone want to trade a bike for a clean 37 year Mercedes? Lol. Glenn.
 
I turned down a free house, with a H.O.A., in Fountain Valley. My cousin, who since died, wanted to bequeath it to me with the proviso that I live there. I've lived many places in the world, but Orange County, CA is one of the least desirable, to me. Please accept my apologies if I've offended anyone.
 
DonOR said:
As the three Commandos and an Atlas idle into the subdivision, the neighbor across the road feels as if his tranquility has been approached upon, and goes to his front door to see the four bikes and riders stopping in the driveway opposite his.

Don, you might have touched on the real reason for somebody's complaint. The questions that have to asked is whether Jerry is the only parking transgressor there and is he the only one with motorcycles, besides a Goldwing or BMW. I've seen a situation in a condo where someone moved heaven an earth to leverage somebody out when the real reason was that they couldn't stand the smell of their cooking. Sounds like you don't exactly like it there anyway, so why stay?
 
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