|
| Wednesday, February 08, 2012
|
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
ValerieB2
(Utah)
Posts:7
 |
| 08/06/2010 4:01 PM |
|
About 30% of driveways are too short to accommodate a pick-up truck. Trucks park over the sidewalk and sometimes in to the street. Police say they can't enforce because it's private property. City law says no parking over sidewalks and HOA won't enforce. Walking around blind corners is dangerous while I'm walking my dog. Is there a way to post a photo? Any suggestion for legal lingo I can use in a letter?
Thanks |
|
|
|
|
DanielH1
(California)
Posts:481
|
| 08/06/2010 4:26 PM |
|
If they are parked in a fire lane (which streets sometimes are), you could try the fire department.
In my case, I examine the car closely and write down the license plate. Sometimes, the owner will show up right away; they know that they are parked illegally and keep one eye open for anybody showing an unnatural interest in their car, especially if it is obvious that you are writing down a license plate number. If the person isn't too intimidating, I say something like, "I can get this towed for you, if you need it" and "it's illegal to park like this; please don't park like this" and "this is a fire lane and you need to move this car" and "you need to move this car right now". Even if they don't believe you, they'll always move their car, just in case that you actually could do something about it. I also say, "I don't care who said that it was OK to park here" and "I don't care who else does it" and "it's still illegally parked". And, yes, some people have used the "f" word at me.
I wouldn't recommend doing anything with your doggy poo bag, keying their car or giving them a flat tire. |
|
|
|
|
SteveM9
(Massachusetts)
Posts:1442
|
| 08/06/2010 5:29 PM |
|
City law says no parking over sidewalks and HOA won't enforce.
Call the town hall/city hall. Ask them who is in charge of enforcement of this. Its not an HOA issue. |
|
|
|
|
MaryA1
Posts:0
|
| 08/06/2010 6:53 PM |
|
Valerie,
Since you are in a condo I'm thinking your streets are private -- owned by the condo assn. and that is why the police will not enforce. The police only have jurisdiction over public property and public streets. Therefore it's up to the BOD to enforce, perhaps by towing. The BOD should check out the state laws on towing. In most instances there is a requirement to post signs and perhaps notify the vehicle owner b/4 towing. The BOD can send violation notices with fines attached but towing may be the more effective way to go. |
|
|
|
|
ValerieB2
(Utah)
Posts:7
|
| 08/07/2010 9:22 AM |
|
| The BOD has "decided" not to enforce. I think the appearance of cars over the sidewalk let alone the danger, devalues my property. Thoughts? |
|
|
|
|
MaryA1
Posts:0
|
| 08/07/2010 3:53 PM |
|
Valerie,
Exactly what do your CCRs say about enforcement? Could you post the article verbatim. There is a famous case in AZ where an HOA was successfully sued for not enforcing the covenants. This case was decided on the fact that the CCRs stated the board has a "duty" to enforce. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|