I was the first to purchase in my Condo complex 5 years ago. I chose my unit because it had 3 parking places, one in the driveway and two on the street in front. Most units had only two. Last week my HOA sent a letter stating that the fire dept had inspected and said that we were in violation of the fire code and all street parking would need to be eliminated and the curbs painted red. I would never have bought this Condo if I knew that there was only going to be one parking place and I am sure neither would anyone else especially since there is no over flow or guest parking for several blocks, When I purchased, my curbs were, and temporarily still are painted gray. Soon they will be red and my property value will be devastated. What recourse do I have?
Real Estate Attorney
The public right of way is not part of your ownership if I understand the question. So you should start by ask the HOA to cite their authority over the street and then talk with the City or County about the roadway. The change of a parking area to a fire access lane usually has to be approved by the city or county. In addition the plat was approved with original access and taking away private rights involves condemnation. Sometime HOA's get carried away with their duties and you may need to see what power they are using to change the parking. In any event this is a fact intensive question and will need personal attention.
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