As a HOA member, why can't I park on Van Valkenburgh Lane, which is a HOA common area. In Batt v. Manchester Oaks, the Virginia Supreme Court ruled all HOA members have a non-exclusive easement to all HOA common areas. Therefore, our HOA can not discriminate and assign two spaces to the ungarage town home owners,
As HOA members, what rights do we have to common areas? An excellent podcast. We have the exact same issue on Valkenburgh Lane
https://onthecommons.net/2013/03/on-the-commons-with-patrick-batt-and-rudy-grom/
You can park there assuming you are a HOA member. Every HOA member has a non-exclusive easement to common areas.
ReplyDeleteAfter the Telegraph Square case I can't believe our HOA has not give up on this topic. Denying HOA members access to common areas is going to bankrupt the HOA.
ReplyDeleteThank you for getting this site started. It's clear Clea & Margo should not be controlling the information. It's crazy how one neighbor is towing another neighbor for using a common area.
ReplyDeleteOur HOA and the seller are defrauding the Federal Government and the VA (if the buyer uses a VA loan) by representing their unit has 2 dedicated parking spaces.
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