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By stephen polinsky • October 27, 2014

How can condo association board regulate the use of garages?

condo association board regulations 102714 resized 600

I am a board member on an Arizona condo association. Our CC&R governs the use of garages, and states that the doors must be closed, except for three types of activity: necessary work and maintenance on vehicles, activities related to the garage area (painting, yard work, etc.), and engaging in hobbies requiring ventilation or egress and ingress.

In my view, this section was included to prevent the garage from becoming, say, a ‘clubhouse’ for parties and such things. There are also prohibitions in the section stating there must be room for one vehicle, that and that the garage cannot be used for living quarters or running a business (auto customization, etc.), though the tools and equipment necessary to run a business (landscaping, for example) may be housed there provided the other conditions are followed.

Our management company recently attempted to expand this definition to say that simply being in the garage, say, without falling into one of the prescriptions for use, is ingress, even if there is none. To my interpretation, this rule was created to prevent the neighborhoods from turning into ‘block parties.’

I am interested in a response that may help to clarify this. Thank you.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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