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  1. #1
    Join Date
    Feb 2014
    Posts
    1

    Exclamation Can I Tow a Neighbor Who Blocks My Garage Access

    I own a condo in California, in a 5 unit building. We have a gated entrance to enter our subterranean garage, which is simply a driving area to get us to our private garages. A neighbor keeps parking in front of my garage, blocking my private garage access. I have notified him and his wife, who is our HOA president. 6 months and 6 offenses later, they still do not communicate. I requested issue to be on HOA meeting agenda and HOA president said no. I called police who advised me to have a towing company post a sign over my garage, and I signed an authorization with the towing company. The HOA is telling me to remove the sign because I needed HOA approval to post it. (The president wouldn't put issue on agenda!). The police say that I have a right to post the sign, regardless of the HOA rules. Who is right, and how do I protect myself? At this point, removing the president from office is going to be hard because the neighbors are friends and staying quiet. I simply need help to answer question on right to post the towing signs, and getting the HOA to back off. Can anyone help?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Tow at Condo and Right to Post Sign

    Buy 2 vehicle positioning jacks and move her car every time. They must go on the drive wheels. If she starts setting her emergency brake you will need 4 of them.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Tow at Condo and Right to Post Sign

    Edited the entire post...

    Personally, I would not tamper with, not even touch their vehicle in any way. My initial idea was to shift any of that related liability (of somehow scratching or damaging their cars in any way - or having them accuse you of causing any damage to one) to a towing company who's experience and equipment is designed to do just that -remove vehicles... But that would be questionable in my opinion, as it represents an even better question than that which deals with whether you have a right to post a sign on the garage door which you own... If it came down to it, do you have the right to tow someone's vehicle from property that is not exclusively yours (the area in front of your garage is part of the driveway that everyone shares, correct?), but property upon which you (probably) only have an easement upon to access your property (garage) therefrom.

    I am wondering if you have access to your unit from and to your garage or do you park and use a shared access (elevator/escalator/stairs) to get to your unit after you park? The reason I ask is simply because if you have access to your unit from your garage, there might be a local ordinance that prohibits anyone from parking in front of your garage thereby making it similar to a fire lane where even temporarily stopping to load off-load would get one towed.

    If I were you, I would stop by my local fire station with a dozen donuts, and inquire into the possibility of whether they can come up with some legal justification (a city/county ordinance) or some provision under the fire code for that municipality which would then give you a valid reason to tow... See what they say!

    The question that begs itself is... Why do they park in front of your garage... Why not in theirs? And/or why not in front of anyone else's?

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