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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Towed from Condo Complex

    My question involves towing laws for the State of: California

    I'm currently staying at a Gated Condo Complex and my friend visited me yesterday afternoon and her car got towed. She had to pay almost $300 and it's really upsetting because she parked at a space where there is no "RESERVED" sign.

    I took pictures and please let me know if we are at fault or anything.





    and my friend parked here:




    Notice the parking space on the Right side has a RESERVED sign on it.

    I hope she get's her money back without having to go through so much trouble and hassle.

    I was told that a TENANT on the same complex called the management and had the car towed. The tenant said its her assigned parking spot but how do we know that? there is NO "reserved" sign on it.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,890

    Default Re: Towed from Condo Complex

    What does your lease/rental agreement say about:
    • Guests parking on the property? And
    • "Parking is assigned spaces"/reserved parking?
    I am right 97% of the time... Who cares about the other 4%!

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,646

    Default Re: Towed from Condo Complex

    The lease doesn't much matter if the person towed isn't a lessee. The lessee didn't suffer any damages.

    It looks like there used to be a marker in that space, not present in your photograph. So it seems possible that the landlord, for some reason, didn't mark the spot or that the marker was removed for some reason.

    Are there specific guest parking areas, or is any spot without a marker a "guest spot". If there are designated tenant and guest parking areas, even if there's no marker it could be that guests would be deemed "unauthorized" in the spot at issue.

  4. #4
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Towed from Condo Complex

    it doent say anything about guest parking at my rental agreement.


    and i was reading section 22658 and I came across this one..

    (m) (1) A towing company that removes a vehicle from private property under this section shall notify the local law enforcement agency of that tow after the vehicle is removed from the private property and is in transit.

    (2) A towing company is guilty of a misdemeanor if the towing company fails to provide the notification required under paragraph (1) within 60 minutes after the vehicle is removed from the private property and is in transit or 15 minutes after arriving at the storage facility, whichever time is less.

    (3) A towing company that does not provide the notification under paragraph (1) within 30 minutes after the vehicle is removed from the private property and is in transit is civilly liable to the registered owner of the vehicle, or the person who tenders the fees, for three times the amount of the towing and storage charges.

    (4) If notification is impracticable, the times for notification, as required pursuant to paragraphs (2) and (3), shall be tolled for the time period that notification is impracticable. This paragraph is an affirmative defense.


    i called the local police station and they ran my plate number and they said they didnt get any report.



    Can someone please help me understand this... should i contact the towing company and tell them about this?

  5. #5
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Towed from Condo Complex

    Usually, only the property owner, including home owner's association or management co. are allowed to call a tow company. If someone who is a mere tenant called, it might be a violation of 22658. You might want to check into this. Both the property owner and the tow company must call local police about the tow; your friend might be able to collect tow costs. Did managment or the HOA know of the tow?
    Also, is there an owner of the unit you are staying in? Maybe the ccr's place responsibility for guests parking correctly on the owner who is then supposed to guide you to a good parking space. I think you should fight it. Find out from mgt who that tenant was who called the tow co. to see if it really is her spot. I agree with you - it's not really clear which spots are OK for guests...

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