Parking problems

[RD1]

What is the name of your state? California

About a year ago, we had paid for and exchanged parking spaces with another condominium owner. The CC&Rs expressly state that this is allowed if the two owners agree. The general disclosure we signed when we first purchased the place says this is allowed, along with the HOA handbook that was given to us. We used a form in the HOA handbook specifically created for this purpose; this form says that the property is conveyed "forever" and that it will inure to any future owners. (The CC&Rs also say that the parking spaces are not included in the grant deed and can be conveyed separately from the actual unit.) We had this form notarized and submitted it to the company that was management at the time. We have an e-mail from that management saying that the change had been received and was official.

Since that time, management companies have changed and the owner that we exchanged/bought the parking from was foreclosed upon. The bank recently sold that unit and the new owner began moving in recently. She saw our cars in our parking spot and left a note on our cars, thinking it was her spot. We were out of state on business at the time and didn't receive the note. She spoke to the management company (which is a different management company from a year ago) and they told her that it was her spot. She then had both of our vehicles towed.

Management will not pay for our vehicles to be released from impound, the tow company will not release our vehicles without payment even though we told them that we could prove exclusive right of use to that parking place. Management is now saying that it is not clear who owns the use of that parking spot. They are trying to say it isn't their fault because the old management company didn't provide them with that information, but I have been told that they are responsible because they are acting as agent.

Are they liable? Can they take our parking spot away from us?

[Zigner]

First: Get your car out of impound if it's still there (I used it's correctly this time )

Second: Sue the mgmt company in Small Claims Court.
While you could even name the new owners in the suit, they will almost definitely not be found liable. And, naming the new owners makes for bad neighbors.


PS: The tow company isn't really the right entity to seek redress against - they're stuck in the middle too...

[HomeGuru]

Originally Posted by RD1

What is the name of your state? California

About a year ago, we had paid for and exchanged parking spaces with another condominium owner. The CC&Rs expressly state that this is allowed if the two owners agree. The general disclosure we signed when we first purchased the place says this is allowed, along with the HOA handbook that was given to us. We used a form in the HOA handbook specifically created for this purpose; this form says that the property is conveyed "forever" and that it will inure to any future owners. (The CC&Rs also say that the parking spaces are not included in the grant deed and can be conveyed separately from the actual unit.) We had this form notarized and submitted it to the company that was management at the time. We have an e-mail from that management saying that the change had been received and was official.

Since that time, management companies have changed and the owner that we exchanged/bought the parking from was foreclosed upon. The bank recently sold that unit and the new owner began moving in recently. She saw our cars in our parking spot and left a note on our cars, thinking it was her spot. We were out of state on business at the time and didn't receive the note. She spoke to the management company (which is a different management company from a year ago) and they told her that it was her spot. She then had both of our vehicles towed.

Management will not pay for our vehicles to be released from impound, the tow company will not release our vehicles without payment even though we told them that we could prove exclusive right of use to that parking place. Management is now saying that it is not clear who owns the use of that parking spot. They are trying to say it isn't their fault because the old management company didn't provide them with that information, but I have been told that they are responsible because they are acting as agent.

Are they liable? Can they take our parking spot away from us?

**A: demand a legal opinion for the HOA legal counsel.