Legal Question in Real Estate Law in Utah

apartment visitor parking

I live in an apartment complex where there is no posted visitor parking. I recently had my vehicle towed/impounded because I was parked in the read zone (red curb).

The reason for parking in the red zone was because of a situation where a new tenant was in the process of moving in. Due to the location of my parking slot (blocks the walkway into the apartment complex) I elected to park away from the walkway while they moved there furniture.

I informed the apartment manager of the situation. Also mentioned the fact that there is no available parking. She replied with ''the complex doesn't have to provide visitor parking''. She did say there where a couple available parking slots, but are not marked. I was unaware of them at the time.

Questions:

Is it true that the apartment complex doesn't have to provide visitor parking?

Would you advise me to sue for damages?


Asked on 12/07/03, 9:59 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: apartment visitor parking

Do not sue. Traffic laws are "strict liability" meaning that any violation is not mitigated by an excuse. I.e., if you are driving 56 in a 55 mph zone and taking your wife to the emergency room, you can be ticketed and it will stick.

If you had special permission prior to being towed, you might have a case.

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Answered on 12/07/03, 10:07 pm


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