B
Bill C
Guest
First the situation, then the incident:
We just moved into a new apartment complex. There are 208 apartments and 208 covered parking stalls. Each apartment is assigned one covered stall. The manager told me that each apartment is allowed to have 2 cars parked in the parking lot. One car parks in the assigned covered stall and the second needs to be parked in an uncovered stall. I walked the lot (after the following incident) and counted 125 uncovered stalls including handicap stalls (10) and visitor parking (day time). Obviously there are not enough spaces for all the cars allowed plus visitors. I was also told that tenants have the right to have towed any car parked in their assigned stall.
The incident:
After spending the day moving our things, my family (and second car) arrived late that night. There were absolutely no uncovered stalls available to park our second car. We couldn't legally park on the street and the nearest public parking lot was 3 blocks away. I had to get up and go to work early the next morning and didn't want to walk that far. So we took our chances with the mercy of a tenant and parked in one of the many available covered stalls. Unfortunately I picked the wrong one and I found my car gone the next day. We later picked up our car at the parking enforcement garage and payed a $195 fine.
I approached the manager about this parking problem and asked for reimbersement for the fine. I was told that the apartments have a policy not to reimberse for damages caused by a subcontractor and that the parking enforcement agency is a subcontractor. I wasn't asking for reimbersement for damages so I don't see how this policy applies. I think the manager was just dodging the issue. I feel that the apartments are at fault for allowing 2 cars per apartment but not providing enough spaces.
What would be my legal rights in this situation and are the apartment owners at fault here?
It was never disclosed to me before this incident that there was a parking problem at this complex. Only after the fact did they tell me that if there are no spaces to park I can park overnight in the green (5 minute) zones (mailboxes) without being towed.
I want my money back, but I need "ammunition" to re-approach the managers or owners.
We just moved into a new apartment complex. There are 208 apartments and 208 covered parking stalls. Each apartment is assigned one covered stall. The manager told me that each apartment is allowed to have 2 cars parked in the parking lot. One car parks in the assigned covered stall and the second needs to be parked in an uncovered stall. I walked the lot (after the following incident) and counted 125 uncovered stalls including handicap stalls (10) and visitor parking (day time). Obviously there are not enough spaces for all the cars allowed plus visitors. I was also told that tenants have the right to have towed any car parked in their assigned stall.
The incident:
After spending the day moving our things, my family (and second car) arrived late that night. There were absolutely no uncovered stalls available to park our second car. We couldn't legally park on the street and the nearest public parking lot was 3 blocks away. I had to get up and go to work early the next morning and didn't want to walk that far. So we took our chances with the mercy of a tenant and parked in one of the many available covered stalls. Unfortunately I picked the wrong one and I found my car gone the next day. We later picked up our car at the parking enforcement garage and payed a $195 fine.
I approached the manager about this parking problem and asked for reimbersement for the fine. I was told that the apartments have a policy not to reimberse for damages caused by a subcontractor and that the parking enforcement agency is a subcontractor. I wasn't asking for reimbersement for damages so I don't see how this policy applies. I think the manager was just dodging the issue. I feel that the apartments are at fault for allowing 2 cars per apartment but not providing enough spaces.
What would be my legal rights in this situation and are the apartment owners at fault here?
It was never disclosed to me before this incident that there was a parking problem at this complex. Only after the fact did they tell me that if there are no spaces to park I can park overnight in the green (5 minute) zones (mailboxes) without being towed.
I want my money back, but I need "ammunition" to re-approach the managers or owners.