parking in our space

[hany]

What is the name of your state (only U.S. law)? California
Hello,
We own a condo in a building with about 80 other tenants. It is in Long Beach California. We have 2 spaces assigned to us. In fact everyone has a space assigned to them. I mean this is not an apartment we are renting and its not a commercial space assigned to us by an employer...this is our home that we own and that space came with it iin the escrow papers and was advertised as OUR parking space...

We have had other tenants & visitors park in our spaces without our permission.

My questions:
1) Is that parking space our private property? Meaning since we own the condo and part of the purchase of this condo included the parking spaces, wouldn't that make that piece of land ours?
2) And if that space is our property wouldn't that make any non authorized vehicle illegally parked on my property?
3) If #2 is true, that unauthorized vehicle is now my property or at the very least I am free to do with it what I want...correct? I mean I didn't steal it or put it there, someone else did without our permission and they must have seen all those signs that clearly note: "RESERVED FOR OWNER"
4) Also , if someone parks there, aren't they technically and legally trespassing?
5) And if they are trespassing wouldn't that vehicle owner be criminally liable?

I know there are HOA by laws on parking that I will read over, but isn't there just basic laws that override any HOA when it comes to your private parking space? Again this is not an apartment we are renting and its not a commercial space assigned to us by an employer...this is our home that we own and that space came with it advertised as OUR parking space.
Thank you so much

 

[justalayman]

are the parking spaces included in your deed or simply alloted per the rules of the association?

 

[hany]

hello
I just opened the file with my grand deed and in one part it says:
'AN EXCLUSIVE EASEMENT, APPURTENANT TO PARCEL 1 ABOVE, FOR ALL USES AND PURPOSES OF A PARKING SPACE(S) OVER AND ACROSS THAT PORTION OF THE ASSOCIATION PROPERTY WITHING LOT 1 OF SAID TRACT NO. XXXXX, BEARING THE SAME NUMBER DESIGNATION AS THE UNIT REFERRED TO IN PARCEL 1 ABOVE, FOLLOWED BY THE ;LETTER "P", SHOWN AND DEFINED AS AN EXCLUSIVE USE EASEMENT AREA ON THE CONDOMINIUM RECORDED MAY 16 2003 AS INTRUMENT NO XXXX OF OFFICIAL RECORDS

 

[justalayman]

Ok, you don't "own" the parking spaces but you do have an exclusive easement to use them. As such, you would have exclusive control over the parking spaces indicated as yours.



My questions:

1) Is that parking space our private property? Meaning since we own the condo and part of the purchase of this condo included the parking spaces, wouldn't that make that piece of land ours?

No, explained above.

2) And if that space is our property wouldn't that make any non authorized vehicle illegally parked on my property?

not your property but yes, vehicles parked on your designated spaces would be parked illegally.

3) If #2 is true, that unauthorized vehicle is now my property or at the very least I am free to do with it what I want...correct? I mean I didn't steal it or put it there, someone else did without our permission and they must have seen all those signs that clearly note: "RESERVED FOR OWNER"

of course you can't do "anything" and no, you cannot claim it as yours. It will take some checking but you might be able to have the vehicle towed.

4) Also , if someone parks there, aren't they technically and legally trespassing?

yes

5) And if they are trespassing wouldn't that vehicle owner be criminally liable?

you would have to convince the local DA to prosecute it as a criminal offense. I will bet s/he will decline to do so and simply tell you it is a civil matter and to deal with it through other channels.

I am not certain of the laws involved but I believe to allow towing, there are some very specific rules (laws) you must follow to be able to have the vehicle towed, even in the situation you have.

I am going to PM a poster that is generally quite familiar with those laws. Hopefully he will stop by and advise.

 

[hany]

great and thanks if that other person can help that would be awesome, one of the reasons I ask is that after we left the a nice note (yesterday another tennat was parked in our space)..the note basically offered to share the space when we are not using it and all we wanted was a cell # (we left ours on the note) so we can call them to move their vehicle and they can call us to see if they can use it..very nice note...but instead of appreciating it they accused us of keying the truck (which was already a beat up mess of a truck)...well we never did it and why would we leave such a nice note if if did key it...either way can they criminally get us in trouble for the keying we did not do?? especially since they knowingly parked in OUR space and are trespassing, will the cops arrest us or will we be prosecuted??
thnaks

 

[justalayman]

you almost assuredly will not be arrested of they claim you keyed the truck. Unless they have some proof, you most likely would not even be charged with such a crime and if they sued you in civil court, without any proof you did the damage, they would not win there either.



does your condo association have any rules regarding parking in other's spaces? Does it state that improperly cars may be towed?

 

[hany]

i will check with them tomorrow and thanks so much

 

[CdwJava]

but instead of appreciating it they accused us of keying the truck (which was already a beat up mess of a truck)...well we never did it and why would we leave such a nice note if if did key it...either way can they criminally get us in trouble for the keying we did not do??

They can report it to the police, but since they did not see you it would be nearly impossible to be charged.

As for the trespassing issue, the car cannot "trespass." It can be parked unlawfully, but the car cannot be arrested or charged with a crime. It can be towed ... maybe. Provided there is proper signage to permit the towing.

CVC 22658 covers private property impounds. The first thing required to authorize a tow under this section is that a sign must be posted as follows:

There is displayed, in plain view at all entrances to the
property, a sign not less than 17 inches by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. The sign may also indicate that a citation may also be
issued for the violation.​

So even if the car is parked in your space, you cannot legally tow it lacking the proper signage. And if this is another condo owner, it could be that he or she is in violation of the terms of the contract and the association could take whatever action is permitted under the rules and contracts.

 

[justalayman]

=CdwJava;2511550]



CVC 22658 covers private property impounds. The first thing required to authorize a tow under this section is that a sign must be posted as follows:

There is displayed, in plain view at all entrances to the
property, a sign not less than 17 inches by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. The sign may also indicate that a citation may also be
issued for the violation.​

So even if the car is parked in your space, you cannot legally tow it lacking the proper signage. And if this is another condo owner, it could be that he or she is in violation of the terms of the contract and the association could take whatever action is permitted under the rules and contracts.

and your association may or may not allow such a sign to be placed so as to allow the towing.

If they do not, then I would suggest the association deal with this since they would be restricting what options are legally available to you.