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SUSPEND PARKING

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 the operation of the 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. (Civ. Code § 4510.) However, you can suspend the delinquent owner's guest parking privileges, i.e., his/her guests will have to find parking outside the development.

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Adams Stirling PLC