Towing Issues: Disabled persons car towed from apt in Calif, apartment management, parking sticker


Question
Hi Richard
I really appreciate you taking the time to help. After reading the tow issue in Oregon I don't have much hope because there dosen't seem to be much imformation. I and my daughter are disabled and our apt manager knows this. Last year they added some new parking rules to our 20 pages of lease agreement. One line says backing into a parking spot is prohibited then it goes on and says your car may be towed if... and lists A thru O Reasons. Backing into a parking spot isn't listed there but they say they can tow without warning. I realize that even though it isn't posted in the parking area and like most people I don't have my lease agreement memorized it maybe a lousy thing to do but legal. Our apt requires a parking sticker and there is a sign posted that cars without one will be towed, however in my searches I read that a disabled person with placard can park without the apt sticker, but it dosen't state what the disabled person can do if they are towed for that reason? Now I'm alittle ticked because they can't tow a car of a disabled person who parked in a permit only space but they can tow the car of a disabled person for backing into a parking spot which isn't displayed anywhere but the lease.LOL Somethings just don't make sense, but I would like to know about what a disabled person who has been wrongly towed does?
THANKS AGAIN

Answer
Well, you are correct in the problem being a nightmare...

Disabled persons vehicles do have some special rights and as such it sometimes conflicts with "private property parking rules" but as a general rule the same rights are normally for "public parking areas"

I have tried to keep up on this kind of issue along with the California towing rules as much as possible, but California changes rules about as often as the sun rises in the East...

Personally since its one of those issues with your apartment management changing rules, and then including "an open ended reason for tow", I think that you need to find out specifically what and how they want to enforce the rules.  Now if you are "truly disabled and have the state issued permit" are you parking in a "designated handicapped parking space"

Remember there is all sorts of rules concerning this issue along with the ADA laws which have to be followed by the apartment complex...

I know there are lots of associations which deal with disabled and handicapped issues on a daily basis in California and I would suggest that you get in touch with then for "UP TO DATE INFORMATION" and see what they suggest...

But I do not think that you will have much luck right now dealing with the wrongful towing issues, but gain the knowledge and see if they are following all the laws legally and you might beat then at the game next time they try something...


Here is a link to the California DMV web site and it has a huge searchable section for laws and such... You might find some rules there which apply to your problem

http://www.dmv.ca.gov/pubs/vctop/vc/vc.htm