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XP: Car towed form my apt complex. Legal advice appreciated. Please read.

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Old 05-24-2004, 11:02 AM
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MichelleJD
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I no longer live in Fl, I moved to IL about 5 yrs ago. However, I've kept my law license in FL as they don't reciprocate with other states :sigh:

Feel free to get in contact with me. If you need to chat I'll be happy to give you my # by PM or email
Old 05-24-2004, 11:28 AM
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Old 05-24-2004, 12:28 PM
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Old 05-24-2004, 12:33 PM
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SoCal Driver
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Originally posted by thesmokingman
FYI, no you're not, at least in CA. I've called the cops a few times to get the regs. The owner of a house can have you towed if you're parked infront of their property on the street at their perogative. Its the home owners "property line" you're on.

Why did I call? I've had aholes litter the side of my house with their leaking junkers.

As for the towing fees, give your states Fair Housing Board a call. Its most often easier to get the state regulators involved as they're the ones who regulate the industry. Who are they more afraid of; a call from so and so's lawyer, or Fair Housing? When Fair Housing investigates on your behalf, they'll listen!
I have no idea who you have strings tied to at city hall BUT a car here (Costa Mesa) can only be towed if it's been parked for more than 72 hours (this has to be marked and witnessed by a traffic officer) or the tags are expiered more that 60 days). I don't even think there is a provision to tow a car as to a set number of parking tickets.

But there are a few areas in Costa Mesa that are permit parking only on a public street. Just moves the problem to another street.
Old 05-24-2004, 01:26 PM
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I've called numerous times to have cars moved from parking in front of my property line. Tell ya what, its not public property. That street in front of the house you pay taxes on is connected by your property line. The person that has first right to park there is the home owner.

If someone continues to park on your property line, the police reccomend that you work it out. If not, make 3 complaints and they will ticket, cite, or tow that vehicle. Needless to say, the ahole across the street no longer "thinks" that my property line is public domain.

I pay taxes and fees for the streets, sewers, lights in and around my home and community. With that, I very much dislike it when people park on my property lines as if its their right!
Old 05-24-2004, 01:52 PM
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Michelle,
PM box is full!!! I'm posting my message here. No phone numbers are included....


What is your impression of this situation as explained in my first post considering the following text from the lease I signed in JAN.

"I/We understand that if I am parked illegally without a parking tag or in another assigned space, designated fire lanes, any cars that are blocking dumpster doors, any cars that are parked on any grassy areas and any cars that are blocking the maintenance office my vehicle will be towed at my own expense."

Any gramatical errors are theirs.

My concern is with the first part up to the first comma:
[b]]I/We understand that if I am parked illegally without a parking tag or in another assigned space[/]

As defined by local law, I was parked legally in an unreserved space. I was not presented for review or advised of any changes to this rule after signing the lease.

The manager's argument (given over the phone to her assistant), currently, is that the tags MUST displayed on the rearview mirror. This was not discussed specifically at the time of the lease signing so I don't see how I can be responsible for changes to the text of their rules if they don't present them for my review.

Thanks,
Daniel


I'll try calling your office this afternoon, if you won't be busy, to make sure I don't have this wrong before talking with the property manger.
Old 05-24-2004, 01:55 PM
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david fracolli
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Quote:

I've called numerous times to have cars moved from parking in front of my property line. Tell ya what, its not public property. That street in front of the house you pay taxes on is connected by your property line. The person that has first right to park there is the home owner.

You must know someone a lot higher than I do or your city has much different laws than every other city I have lived in California. I would love to meet the cop that told you that the street is public property and the homeowner has first right to park there.
Old 05-24-2004, 01:59 PM
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I still don't see how they can expect a car in the visitors parking to have a permit displayed, or else they would tow every visitors car that showed up.
Old 05-24-2004, 02:08 PM
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I've never heard of a place where the property line extends out into the street. I've never even heard of a place where anyone but the city owns the curbing at the edge of the street (private roads excluded). Unless that vehicle is physically ON your property, it won't be towed. The one exception that I know of (in NJ anyway) is if a vehicle is parked in the street in a manner that prevents you from being able to access your driveway, in these cases they will usually stall you in the hope that the owner shows to move it before the tow truck gets there.
Old 05-24-2004, 02:22 PM
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Originally posted by triscadek
I still don't see how they can expect a car in the visitors parking to have a permit displayed, or else they would tow every visitors car that showed up.
The visitor is supposed to be given a RED tag to display instead of the residents' BLUE tags.

I wish this place issued the rear window stickers so many other places have adopted. Visible from the traffic lanes and they don't fall off.
Old 05-24-2004, 03:56 PM
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Reminds me of parking for my brother's college orientation. A letter in the mail told everyone where to park for orientation and that they would be given a piece of paper at registration to put on their dash saying that they were there for orientation. Between when my parents showed up for orientation and when they came back to the car with their orientation parking paper a campus parking cop had already ticketed them. At least it was easy to dismiss.
Old 05-24-2004, 04:13 PM
  #57  
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Originally posted by Dave
I've never heard of a place where the property line extends out into the street. I've never even heard of a place where anyone but the city owns the curbing at the edge of the street (private roads excluded). Unless that vehicle is physically ON your property, it won't be towed. The one exception that I know of (in NJ anyway) is if a vehicle is parked in the street in a manner that prevents you from being able to access your driveway, in these cases they will usually stall you in the hope that the owner shows to move it before the tow truck gets there.
I don't know the traffic codes, but I did call the local police numerous times. Heck, I even have them on speed dial on my cell phone. They know me pretty well by now.

All I can say was that I had a neighbor routinely park in front of my home. I told the guy not to do it. That did not stop him. And at times he blocked my driveway partially. I got fed up and called the cops. They told me not to confront the guy, and just to let the police deal with it. After the third warning they towed his ***. That guy no longer parks in fron of my house like its his god given right. That's all I can share. I can't speak for other cities or counties, but thats my story. Through all this, the police did say that anyone parked along my house, along my property line, I could have towed if I really, really wanted to. Btw, my HOA was useless in all this. Sometimes I wonder if HOA's are a total scam.

Back on topic, streckfu's951, you should call your state's Fair Housing Board. It costs nothing and they will investigate on your behalf. Fair Housing is on your side, they're there to protect you! What if you're not the only one they've towed on a whims notice. Hmm? Shouldn't they have a list of cars that are referenced with their renters? Sounds weird to me and stuff Fair Housing would like to know.
Old 05-24-2004, 07:32 PM
  #58  
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Originally posted by thesmokingman
I don't know the traffic codes, but I did call the local police numerous times. Heck, I even have them on speed dial on my cell phone. They know me pretty well by now.
I bet they do!


All I can say was that I had a neighbor routinely park in front of my home. I told the guy not to do it. That did not stop him. And at times he blocked my driveway partially. I got fed up and called the cops. They told me not to confront the guy, and just to let the police deal with it. After the third warning they towed his ***. That guy no longer parks in fron of my house like its his god given right. That's all I can share. I can't speak for other cities or counties, but thats my story. Through all this, the police did say that anyone parked along my house, along my property line, I could have towed if I really, really wanted to. Btw, my HOA was useless in all this. Sometimes I wonder if HOA's are a total scam.
Ah, those pesky details come out -- blocking the driveway AND you live in a PRIVATE community. This makes a difference.


Back on topic, streckfu's951, you should call your state's Fair Housing Board. It costs nothing and they will investigate on your behalf. Fair Housing is on your side, they're there to protect you! What if you're not the only one they've towed on a whims notice. Hmm? Shouldn't they have a list of cars that are referenced with their renters? Sounds weird to me and stuff Fair Housing would like to know.
Fair Housing doesn't get involed with parking issues on private property. Either an appartment complex or a private community such as you live in.

The rest of us have to park on public streets where it's 72 hours, expierd tags and parking too far from the curb.

What I'm currious about is the woman that tripped on the construction materials. She has a good case against the A-holes.
Old 05-24-2004, 10:23 PM
  #59  
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Originally posted by SoCal Driver

What I'm currious about is the woman that tripped on the construction materials. She has a good case against the A-holes.
As I mentioned, I haven't spoken to her directly and, so, do not have all the info. I'd like to ask her about the next time I see her.



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