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  1. #1
    Join Date
    May 2019
    Posts
    10

    Default What Can You Do if a Condo Owner is Tying Up Guest Parking Spaces

    My question involves landlord-tenant law in the State of: California, Signal Hill, 90755.
    Dear Readers, I own a condo in a 80 unit building, we have about 10 guest parking spots, and two rental unit tenets are taking up about 4 spots daily. The HOA is very ineffective and is not towing or have asked the city to issue citations. The HOA claims we do not have written clauses in the CCR's with specific wording. Does anyone know if the 4 day rule (not moving for 4 days) is correct and legal before towing?

    Also, does anyone have any ideas about resolving this issue.... I really appreciate it....

    Dave

  2. #2
    Join Date
    Jan 2006
    Posts
    38,367

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    If the management/hoa doesn’t wish to act, you’re stuck with the cars being where they are. You do not have the authority to enforce a rule, especially one that does not affect your rights.

    So, how does one change things? The hoa would have to enact a rule that provides what you are seeking and then they would have to be willing to enforce it.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,760

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    You and like minded owners become board members, enforce the rules or change them and enforce them.

  4. #4
    Join Date
    May 2019
    Posts
    10

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    Thanks to both of you for the replies.... It sucks to be stuck with a crappy HOA management company.

  5. #5
    Join Date
    Mar 2013
    Posts
    16,760

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    Quote Quoting dfphoto
    View Post
    It sucks to be stuck with a crappy HOA management company.
    Everybody in an HOA says that.

    Which is why those of us not in an HOA don't have to say that.


  6. #6
    Join Date
    Jul 2018
    Posts
    1,186

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    Quote Quoting dfphoto
    View Post
    Does anyone know if the 4 day rule (not moving for 4 days) is correct and legal before towing?
    What "4 day rule" are you talking about. Where does this rule appear? In your CC&Rs? Is it a local ordinance? Something else?
    Quote Quoting dfphoto
    View Post
    does anyone have any ideas about resolving this issue
    If the current HOA board is unable or unwilling to do anything about this, organize your neighbors to vote out the board members and elect folks who will take action.

  7. #7
    Join Date
    May 2019
    Posts
    10

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    Hi there is a new board and I'm not sure about their leadership yet, as far as the 96 hour rule it is a state law found here... https://leginfo.legislature.ca.gov/f...ctionNum=22658 .....

  8. #8
    Join Date
    Jul 2018
    Posts
    1,186

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    Quote Quoting dfphoto
    View Post
    Hi there is a new board and I'm not sure about their leadership yet, as far as the 96 hour rule it is a state law found here... https://leginfo.legislature.ca.gov/f...H§ionNum=22658 .....
    Ok, but your question was whether "the 4 day rule . . . is correct and legal." I'm not sure what "correct" means in this context, but a state statute is obviously legal (unless a court has ruled otherwise).

    Sub-section (a) of VC 22658 sets forth the requirements for "[t]he owner or person in lawful possession of private property, including an association of a common interest development" to "cause the removal of a vehicle parked on the property to a storage facility." Note that VC 22658(a) says that such owner or person in lawful possession may cause the removal of a vehicle "under any of the circumstances listed in sub-sections (1) through (4). A 96-hour notice of parking violation is only one of the four listed circumstances.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,367

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    The law doesn’t allow the op to act. He is not the owner or person in lawful possession of the guest parking spaces. In fact it can probably be argued the law doesn’t apply at all since since the tenants are presumably legally allowed to park in the spaces in question since they assume the rights of the owner of the unit they rent and I assume the residents or guests of residents can use the spaces as the rules of the HOA allow.

    And that begs the question; why does it matter to the op of those people are parked there.

  10. #10
    Join Date
    May 2019
    Posts
    10

    Default Re: Condo Guest Parking Renter is Using Guest Parking, Need Options Ca

    Hello reader's and thank you for being active on my problem/post.... (JK) What I don't understand is this. The people are renters of two units. Each unit has 2 assigned spots. I believe each of these renters has either roommates or other person's with about 5 cars to each of the 2 units 2-4 cars are using the guest everyday or every night. These person's rotate and move the cars daily for work/errands/etc. I am not a lawyer but from reading the 1-2-3-4 paragraphs the only section that pertains to breaking the law is #1 but it is not clear to me. The signs on the gate and posted in the parking area in question state parking is for guest only no resident may park here. etc.... The HOA management company states the CCR's do not have a section pertaining to towing but the signs say so and the civic code seems to say so. Is this what you are saying? Are you lawyer by chance?

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