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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11784
Experience:  JD, MBA
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My car was towed away from my assigned carport in our condo.

Customer Question

my car was towed away from my assigned carport in our condo. The association issued the rule that each car should have parking permit in the windshield. I bought a new car and didn't manage to get this parking permit, but I assume that car parked on assigned carport, which is your personal parking place and nobody else can park car there don't need such permit. Second point is, that they put notice on my car only shortly before they towed it, I don't know how long before. I returned home at 3 PM, next morning I found my car disappeared and I discovered that notice in placed only when I got my car back.
Questions:
1. is it legal to tow away owner's car from assigned carport in condo?
2. I found in Internet, that notice of illegal parking should be placed on your car at least 96 hours before, it is correct?
3. Our association charges us for parking label $100. the price of label is, my estimation, a few dollars. Is there any restriction for price for such labels?
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. 1. is it legal to tow away owner's car from assigned carport in condo?A: Yes, it's legal if the bylaws or declaration allows the association to do so. 2. I found in Internet, that notice of illegal parking should be placed on your car at least 96 hours before, it is correct?A: You are correct ... sort of. The car can be towed if you were given 96 hours notice. However, the car can be towed without giving 96 hours notice if: There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation. Cal. Veh. Code § 22658. Note: There are other factors that allow towing as well, but based upon what you wrote, they don't apply here so I didn't list them. 3. Our association charges us for parking label $100. the price of label is, my estimation, a few dollars. Is there any restriction for price for such labels?A: No. There is no restriction on how much the association can charge for a parking label. If I were you, and it appears that the tow was illegal, then I would sue in small claims court for the cost to retrieve the car and any additional costs, such as missed work while you dealt with the issue. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

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