Parking Issues for 7 Years

[Nesthead]

What is the name of your state (only U.S. law)? NJ

Hi,
I live in Bergen County, NJ.

I bought my condo 7 years ago, and it came with a garage. I thought I was doing a good thing so that when my mother would visit, she would have a place to park.

We have assigned parking on the property, and signs are displayed that say 'assigned parking only'. Subsequently, there are 'no parking - tow away zone' signs near my garage.

For 7 years I have been putting up with residents, real estate agents, and visitors of residents parking in my parking space, and blocking the entrance to my garage.

I have been laughed at, cursed at, called a c*nt, and everything else in the book. All of these problems have come from the same unit, even though there have been different tenants in that unit over the years. Every time I report it to the management company, the landlord for that unit replies, "It's not my tenants doing that."

I can't tell you how many times I've sat in my condo and not gone to the park, or shopping, or visiting friends because I sit in fear of what I will be confronted with when I return.

I have notified the condo management board every time I've had an issue. The responses I have received are 'we'll let the landlord know', or 'we'll call a tow-truck' only after the person has already cursed me out and left.

I have told them time and time again that I live with the daily anxiety of having to worry about this. It is ridiculous that I pay a monthly fee for something that many people seem to take for their own. I cannot count the amount of times I have cried over this.

I have decided to sell my condo, so that I can get out of here since nothing is being done to help me.

Is there anything I can do, from a legal perspective, to have a letter sent to the condo management company for ???? I don't even know what it would be for, but I'd like to get your feedback before I call my lawyer.

Thanks.

 

[LillianX]

Just for clarification, are people parking on your property?

 

[Nesthead]

Yes. It's private property.

The way it works, is that if someone parks on private property, the owner, (me) has to call the police to have them ticketed.

Then, the owner, (me) has to write out a parking ticket for the car. (If the police happen to show up in time.)

Then, the owner (me) has to call a tow truck company to have them come and to the car. (If you can get one to show up.)

 

[You Are Guilty]

Yes. It's private property.

The way it works, is that if someone parks on private property, the owner, (me) has to call the police to have them ticketed.

Then, the owner, (me) has to write out a parking ticket for the car. (If the police happen to show up in time.)

Then, the owner (me) has to call a tow truck company to have them come and to the car. (If you can get one to show up.)

Based on the above, why did you complain to condo management? It seems they have no part in the process?

 

[Nesthead]

Because the first time it happened, I let them know what was going on. They told me to let them know if it happens again, and they would fine the landlord. They said they didn't want me involved since I'm the one who has to live here.

 

[You Are Guilty]

Do they even have the power to fine the landlord?

And if they do, what evidence is required? Every condo I've ever seen requires more than one phone call from a neighbor. Speaking of which, how do you know whether the landlord was ever fined? (Maybe they were and just didn't care?)

 

[Nesthead]

I don't know what they're allowed to do - just going on what I've received via email.

I've sent them pictures of the cars, etc. So I guess that's the evidence??

 

[LillianX]

You should leave the property manager out of it, unless you really have to get them involved for some reason. Every time someone is parked on your property, call the police and a tow truck. After being towed or having to pay a few drop fees, they'll get the idea.

 

[Nesthead]

No, they have not gotten the picture. They continue to curse me out in my own driveway.

Thanks for everyone's input. I will say nothing further and get the place ready for sale.

 

[OHRoadwarrior]

Decades ago, I had a similar problem OP. A drug dealers customers would park in my spot (by lease), because it was the first spot to the building. After coming home from work numerous times to this, I parked, blocking the car. I went in relaxed and waited for the situation to escalate. About 15 mins later, the customer came down and demanded I move my car. I told them I had repeatedly advised the other tenant to advise his "friends" not to use my space and that I would only move my car, if they paid me for the use of my space. The dealer calls the police, who pound on my door and demand I move my car. I politely told the officer I was not moving my car until I was paid. When the officer threatened to tow my car, I advised him he was not permitted to do so on private property. I thanked him and started to shut the door in his face. When he bellowed, I opened the door, apologized if there was a misunderstanding and again advised him I was not moving the car until paid. He said he would get the property manager to authorize the tow. I advised him if she requested I move the car I would do so. As this plays out, I cease the use of the word guest and start using customer. It becomes readily apparent the police are aware of the "activities" because they are friendly with the resident. This created enough of a scene the other resident moved, because his business was disrupted and was going to continue to be, by me.

It appears something of a similar nature is what it will take to solve the problem. Are you willing to risk assault and vehicle damage, by escalating this to such a point?

 

[justalayman]

You're selling the property, right?

Time to let this go and move on with life. It is not worth anymore angst.

 

[davew128]

Is there a reason the condo assoociation did not have a contract in place with a local towing company for just this sort of thing?

 

[festival]

Wait, an owner has to sell her condo because of abuse from a renter???

If possible, get a few videos (or at least audio) of the verbal abuse and parking violations. Get on the agenda for a meeting of the board of directors -- not the management company. At the meeting, ask the board what procedures they can do, such as meeting with the renters and escalating the fines. Ask them if they can commit to ending the abuse. The board is made up of other owners whose responsibility is to know the covenants and defend the condominium property so that owners do not have to sell and move. Bring the problem to the board and get them to take it on. The landlord should be selling, not you.

If the board does not handle it, show the videos to your neighbors. Put political pressure on the board from your neighbors because of a do-nothing board. Find out about other procedures in your governing documents, such as gathering signatures to call an owner's meeting, which puts pressure on the board. By the way, if your condominium does not have adequate rules to deal with this, then your board needs to do amendment(s).

A few other ideas: Buy some traffic cones and put one in the parking space when you leave. If nothing else, it should get rid of casual visitors and real estate agents parking there. If they steal a cone, get that on video, call the police, and put out another cone next time. Also, contract with a good towing company to deal with it -- give them a couple hundred dollars for quick response. Finally, if your space is taken, threaten to park in a board member's space until they figure it out.

 

[justalayman]

Wait, an owner has to sell her condo because of abuse from a renter???

apparently this owner does. I suspect there is nothing anybody in the legal field can do for the OP and selling may be the best thing for them.

 

[festival]

apparently this owner does. I suspect there is nothing anybody in the legal field can do for the OP and selling may be the best thing for them.

As a condo manager I have solved similar problems with just a five-minute phone call to the offenders to let them know they have been caught in the act and cannot continue the behavior. In this case I think that the board has to be formally contacted to really get behind it. A lot can be done by an association before legal action is necessary. For example, a call and a letter from the President of the association to the renters and more importantly to the owner/landlord to let them know in no uncertain terms that the situation cannot continue. Landlords need to be reminded that they need the support of the association to keep renting profitably. A letter from the association's lawyer would also help. And then there are also fines and tows.

Problems such as this are why associations have CC and Rs for the residents to live together without having to sell and move. A new owner will not solve the problem for the board anyway. Their response has not been strong enough or consistent enough in utilizing the steps that are open to them.