QUESTION:
We have owners in default. One of my fellow board members is so
frustrated that
he wants to suspend an owner's parking privileges. Our attorney told us
that his
parking space is recorded as part of his unit so we cannot do that. However, part
of each
member's dues goes to support operation of garage; why can't we pass a
rule
stating if you are delinquent you lose your parking
privileges?
ANSWER:
Your attorney is correct. If your delinquent member owns the parking
space, you
cannot suspend rights to his/her space.
Civil Code §1361.5. However, you can suspend the delinquent owner's guest parking
privileges, i.e., his/her guests will have to find parking outside the development.