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  1. #1
    Join Date
    May 2019
    Posts
    10

    Default Can a HOA Legally Bar Tenants from Using Designated Guest Parking Spaces

    My question involves landlord-tenant law in the State of: Ca. Dear Readers, I own a condo in Signal Hill we have about 10 guest spots with signs indicating they are for guests only. We have the proper signs on the driveway indicating who would tow and the Ca. civic codes.

    We now have about 3 units with renters who all park there and recently have sent a letter indicating they will sue the HOA mgmt for racism and targeting them due to their income level *(high income)!!! vs. the home owners who are average income. WTF?

    I read the civic code and it says the towee can sue the HOA mgmt company 2x if found to have illegally towed them. Does anyone have any ideas as what to do? They have been parking for over 7 months now and it's upsetting to say the least.... The management states we do not have any specific wording the CCR's about the guest parking.

    Thanks, David

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Guest Parking Violators Want to Sue the HOA for Racism Before Towing

    Being rich doesn't put you in a protected class. To argue that there was some racist motivation, they'd have to show that tenants of other races were allowed to park there.

    Regardless of race, it sounds like you might be on shaky ground on the tows if you're just deciding to tow without any policy in place as to what is allowable parking.

  3. #3
    Join Date
    May 2019
    Posts
    10

    Default Re: Guest Parking Violators Want to Sue the HOA for Racism Before Towing

    Hi flyingron, thanks for the reply, I'm not sure if we don't have a policy but the state does, and we do see the tow would fit but I also read the HOA mgmt can be sued so, do you have any ideas?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Guest Parking Violators Want to Sue the HOA for Racism Before Towing

    How many threads are you going to start addressing the same issue?

    I asked a pertinent question in your previous thread and you simply abandoned the thread without answering.


    https://www.expertlaw.com/forums/sho...d.php?t=242931

  5. #5
    Join Date
    May 2019
    Posts
    10

    Default Re: Guest Parking Violators Want to Sue the HOA for Racism Before Towing

    My apologies, I somehow forgot to bookmark this site and when I logged in I could not see any posts I had made in my account. I searched but I didn't find my post, I couldn't remember if my original post was on this site or not. For some reason this looked different than I remembered. Please tell me if the ADMN can combine or delete one of them. Thanks

  6. #6
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Can a HOA Legally Bar Tenants from Using Designated Guest Parking Spaces

    Quote Quoting dfphoto
    View Post
    I read the civic code
    There's no such thing as "the civic code."


    Quote Quoting dfphoto
    View Post
    Does anyone have any ideas as what to do?
    If your HOA has been threatened with a racial discrimination suit as a result of efforts to enforce parking regulations, the HOA board members would almost unquestionably be in breach of their fiduciary duty to the owners if they failed to consult with legal counsel.

    Quote Quoting dfphoto
    View Post
    Hi flyingron, thanks for the reply, I'm not sure if we don't have a policy but the state does
    The state does not have any "policy" about parking on private property.

  7. #7
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can a HOA Legally Bar Tenants from Using Designated Guest Parking Spaces

    Quote Quoting pg1067
    View Post
    There's no such thing as "the civic code."
    Then tell that to the CA legislature. They refer to the civil code in their statutes. Are you admonishing the poster for a typo?

    Example:

    22658.

    (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
    Quote Quoting pg1067
    View Post
    The state does not have any "policy" about parking on private property.
    That is not true. They have a statute that addresses it. But given your opinion of my ability to interpret the law, I'll let you parse statute.

    https://leginfo.legislature.ca.gov/f...tionNum=22658.


  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can a HOA Legally Bar Tenants from Using Designated Guest Parking Spaces

    Quote Quoting budwad
    View Post
    That is not true. They have a statute that addresses it. But given your opinion of my ability to interpret the law, I'll let you parse statute.

    https://leginfo.legislature.ca.gov/f...§ionNum=22658.

    That cite isn't about parking it is about removing.

    It's right there is the title.

    Authority to Remove Vehicles

  9. #9
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can a HOA Legally Bar Tenants from Using Designated Guest Parking Spaces

    For being parked on private property. Is that a stretch for you?

  10. #10
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Can a HOA Legally Bar Tenants from Using Designated Guest Parking Spaces

    Quote Quoting budwad
    View Post
    Then tell that to the CA legislature. They refer to the civil code in their statutes. Are you admonishing the poster for a typo?
    I don't really care to bring something to the attention of the Legislature that every member thereof knows well. And no, I'm not admonishing the OP for a typo -- especially since the Civil Code has no relevance to the issue raised by the OP.


    Quote Quoting budwad
    View Post
    That is not true. They have a statute that addresses it. But given your opinion of my ability to interpret the law, I'll let you parse statute.
    The Vehicle Code section to which you linked has nothing to do with the issue raised by the OP.

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