Legal Question in Real Estate Law in California
Parking Rights on a Private Street
I live on a private gated street owned by the home owners in the city of Los Angeles. All of the homeowners own the portion of the private street that extends for the width of their property to the center of the private street. All of the homeowners have non-exclusive easements to their property for the private street specifying ingress, egress and incidental purposes. A few issues have arisen in regards to parking rights.
1) An owner near the gate parks his car in such a manner on his portion of the private street that it obstructs safe passage through the gate for everyone.
2) Some owners claim that if you park on their portion of the private street without their permission they will have your car towed away.
How are parking rights determined if they are not specifically spelled out by the homeowners association, deed or CCRs?
2 Answers from Attorneys
Re: Parking Rights on a Private Street
The best thing to do is to attend a homeowner's association meeting and demand that the rules be clarified as to where one can park, and what the ramifications will be if parked illegally.
The owner who tows someone elses car will be liable for conversion. Unless there are posted signs (which probably IS against CC&Rs) saying that illegally parked cars can be towed pursuant to a relevant civil or city code, they cannot legally tow a car.
If someone is injured by the unsafeeely parked car, the person owning the car and the homeowners association could be held liable.
Re: Parking Rights on a Private Street
I was going to tell you to get a gun and shoot anyone parking in front of your property. However, I like Ken's answer best. If there are no homeowners' meetings I'd do up a bulletin and put a copy on all the properties in the street with what Ken has said. Put his information as a legal opinion in guotes, and credit his name at the bottom. If there are CC&Rs against using a bulletin send them all a letter through the U. S. Mail. Certainly that should generate an interest in a meeting by the homeowners.
Lots of luck
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