I am in favor of creating policies and adopting practices to ensure the proper operation of the parking facilities, however I am absolutely puzzled at the need to submit a copy of my registration. I presented my registration to management for inspection and told them that I would prefer if I did not have to leave a copy of my registration on file. The response to my request was avoidance and a letter from the president stating that if I did not provide a copy of my registration, my parking permit would be revoked. What rights do I have in this matter? Do I have to provide a physical copy of my document in order to be in compliance with the requirement?
“From a legal point of view, I do not believe the association can require you to provide a copy of your registration or else have your parking permit revoked. Typically, an association’s bylaws provide that the board shall have the power to establish and enforce reasonable rules for parking. You should request a copy of the minutes and resolution to confirm whether the rule was properly adopted. If it was not, you should argue that it is invalid. If it was, the next inquiry is whether the rule is reasonable. You can make a strong argument that the rule is unreasonable because you are willing to allow the association to view the information on your registration. As a result, you should argue that insisting upon a copy of the document serves no additional purpose and is unreasonable.
“If the board does not accept your position, the association is required by statute to ‘provide a fair and efficient procedure for the resolution’ of this dispute. See N.J.S.A. 46:8B-14(k). This means that the association must provide you with an opportunity to be heard and for a decision to be rendered by a completely disinterested person.
“If you are still not successful, you may seek to change the rule with the vote of a majority of the unit owners. See, N.J.S.A. 46:8B-14(c). In this regard, you should review the master deed and bylaws, which may also provide a procedure to change the rules. However, to the extent there is any inconsistency between the statute and the master deed or the bylaws, the statute will typically govern.”