parking in our space

[JANETOFCALIF]

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

 

[JANETOFCALIF]

One more thing as in another forum the person asked me it the parking appears in my grant deed and my answer:
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

 

[jharris352]

The laws aren't going to override your HOA, quite frankly the opposite is true in this circumstance. I would consult the HOA rules and if it is not prohibited for some reason I would put notes on the cars that if you see them in your space again you will tow them. You might also add a small sign to the "owner parking" sign that says violators will be towed. That will give them proper notice.

You can not do "whatever you want" to their car, and it isn't a "crime" per se. They are however trespassing and you can have the car removed if you take care of it.

Notice is the important thing. Put up a sign, and give them a chance by putting a note on their car. See it a second time? Tow it.

 

[JANETOFCALIF]

great and thanks , one of the reasons I ask is that yesterday another tenant was parked in our space..we left them a nice note, in which we 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

 

[army judge]

People allege many, many things.

Proving those allegations is far more difficult than uttering them.

Don't waste anymore time worrying about what those whiners will do.

You need not prove what you didn't do, rather it is they who must prove what they allege you to have done!!!


Sent from my iPhone using Tapatalk

 

[jharris352]

As Army said, people can allege whatever they want. If they do not have an eye witness who saw you key their truck you are fine. No cop is going to arrest you on their suspicion. Further I would tell them to permanently vacate your spot.

 

[bluemann33]

Put a couple of cones to block the spot. i know you should not have to do that but maybe it will help.