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  1. #1
    Join Date
    May 2015
    Posts
    1

    Default Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    My question involves a condominium located in the State of: California
    I am a guest of an owner of a condo in LA area. For the past three year I have been a guest and parked in the spots designated for guest parking only. I parked in the lot last night as my usual once a week visit along with other guests that do not have permits the signs that are posted to do not state you need a permit to park there. I arrived a t 7pm and left about 8:30pm to come out to find my car was missing which I immediately thought stolen. the other four cars were still parked in their same spots. I called the police and come to find out my car was towed for not permit. in the past three years I have never been cited or have the signs ever said permit needed. none of the other cars were towed the tow company was called at 7:18pm (18 mins after I had arrived)...... A week ago an elderly man that lives in the complex got in an argument with me about parking and since then he threatens to have me towed when he sees me I found out last night he is on the list to be able to call about cars that are parking in the "No Parking" areas (in front of garages or fire lines. which I was not I was in true spot parked right in front of the guest parking sign. so My question is am I able to go after the HOA for my fees of towing if I was towed for no permit when the signage does not state you need a permit t park???

    Exact sing verbiage: Warner Woodland Guest Parking Only! All other vehicles can be towed at owner's expense (I have photos of all signs and cars in the lot without permits)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    The parking signs located at guest parking areas relate only to those guest parking areas -- not to other areas of the lot. when you enter the lot, what does the sign near the entrance say about parking in general and when vehicles may be towed?

    The argument that other people violated parking rules and didn't get towed won't work as a defense.

  3. #3

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    If you were parked in guest parking you should not have been towed. The one hour rule in California does not apply to parking in an area designated for residential parking, but it is not clear from the sign text if that applies to the lot where you parked.

    There are many detailed requirements for a tow to be lawful. A list is here - http://kindsvater.com/towing.html - Any violation may be sufficient to at least get you your money back.

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    If you were parked legally and towed from a signed guest spot after 18 minutes, it sounds like you have grounds for a small claims action against the person who authorized the tow AND the tow company. I would also contact the HOA and inform them of the details, further suggesting that this person be removed from the list of authorized persons to initiate tows.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    You have visited this person once a week for three years. You are hardly a "guest."

    It's likely that you got on the old guy's radar and he turned you in as a non-guest.

    You have nobody to "go after."

    I think you need to get yourself a permit now that you know the guy has you in his sights.

  6. #6
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    Quote Quoting adjusterjack
    View Post
    You have visited this person once a week for three years. You are hardly a "guest."
    The OP stated they were there for an hour and a half, and visited once a week. If this was a typical visit, why would the OP not be considered a guest? My Fiance and I have dinner at another couples apartment once a week, typically staying for a couple of hours, this is essentially the same thing. Please explain how that does not fit the definition of a guest?

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    Quote Quoting brownj12
    View Post
    The OP stated they were there for an hour and a half, and visited once a week. If this was a typical visit, why would the OP not be considered a guest? My Fiance and I have dinner at another couples apartment once a week, typically staying for a couple of hours, this is essentially the same thing. Please explain how that does not fit the definition of a guest?
    It's not the definition of guest that counts, it's the perception of anybody who sees you coming and going regularly.

  8. #8
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Guest's Vehicle Towed for Parking Outside of Designated Guest Area

    Quote Quoting adjusterjack
    View Post
    It's not the definition of guest that counts, it's the perception of anybody who sees you coming and going regularly.
    The legitimacy of being towed from a guest spot is based on the perception of a person seeing you coming or going? I have a hard time seeing that stand up in court. Why would the ability of a person to park in a guest spot be determined by anything other than the definition of guest in the lease? A 1.5 hour visit per week is extremely reasonable.

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