Towing Issues: removal of vehicle from condo units, dmv web, california dmv


Question
Hi Richard,

I recently purchased a new condo in Los Angeles.  I was never disclosed to my parking spot, I just assumed I had one. Just a day or 2 prior to moving in, I find out that my spot has been used for about 6 months by a tenant that is currently out of the country.  The car has been sitting long enough in which all 4 tires are deflated.  I've contacted the property management and although they state the owner will be back within a few days to move the car, they are not providing any answers if the car is not moved within the given amount of time. I asked the question 3 times, "what will be done next", and the same run around answers was - the owner will be back.  I think I'm being patient enough regarding this issue. I don't even feel I'm obliged to give them any more days.  The property manager states "the laws have changed, which makes it difficult to tow the vehicle".  What are my options? How do I find more legal ways to have the vehicle removed.

Answer
Well first of all, yes the laws regarding towing of vehicles from Private Property have changed as of Jan 1 2007..
Check out the California DMV web site for vehicle code sections  22658 or 22651.3  for general guidelines..

Now I do have to warn you, that even though you BUY THE CONDO and a parking space, you are not "normally" able to legally have the vehicle removed.  Only the property owner or the property manager have the authority to sign for removal... I do know you say you "OWN THE SPACE" but the logistical nightmare of keeping track of who owns each space is why most tow companies will not take calls from private parties...  Managers are easier to keep track of.

Ok, "out of country" I take to be military, well I hope they come back soon. BUT there is also a few other issues when dealing with the property of military personnel. They have some extra rights.. Just a word to the wise.

Now best suggestion for all parties involved would be for the property manager to have the vehicle relocated to another parking space if they are not there soon.. If they do not want to have it towed away that would be best answer.

Legal ways to remove the vehicle, all are in the hands of the courts and or the property owners and managers.  I know it seems like the little person has no rights, but its best to be careful hear as there are huge money penalties for doing illegal impounds.

Hope this gives you some idea of what to do or ask for, and I would push for them to move the vehicle elsewhere.