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Old 06-24-2008, 09:42 PM   #1
The_Stache
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Parking scandal...

BE WARNED LONG READ IN LINK - Shortened version below

For reference

Link to forum and previous thread

This is local and something my HOA tried for the first 6 months and then got kicked because our streets are public and therefore not subject to HOA laws.

The Issue:

Man in condo community moves in, after 1 year the HOA SELLS the streets and parking spaces to APS (Arizona parking services) for management, law enforcement, and maintenance. All residences of the condos MUST display a parking permit on their vehicles rear view mirror.

One day said man comes home and forgets to put up his permit, its sitting in plain sight in his car just not on the mirror (NOTE - this car is always parked in the same spot for well over 1 year).

Man comes out front door early next morning to see his car booted and stickered with a invoice stating pay $140 fine for not displaying permit or be towed at owners expense within 3 days.

Man who also has 2 other cars, gets dolly and rolls the car into his garage and then looks up his rights and informs the APS company to come get there boots. (legals here: he cannot remove the boots or damage the boots in anyway, BUT since his car is on private property in his garage the APS company has no rights to forcfully reposses the car. THE catch is that the owner is allowing the company onto his private property to retrieve thiers but is not paying the fine. ALSO since the owner has not signed any contract with either the HOA, condo building owner or APS he is not legally obligated to pay the fine since his car is on his own private property)

Long story short the owner of APS goes ape$hit and starts booting any and every car in the lot for ANY minor or imagined infraction. The condo owner gets a hold of the contract and finds that the APS has violated thier own contract in MULTIPLE ways least of which is that a car cannot be booted without a 48hour warning first.

of course this is all still playing out but I suggest you read and discuss....
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Old 06-24-2008, 10:14 PM   #2
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I remember reading this.

Good for him, and I hope someone gets these people out of the community. Imagine, being ticketed in your own drivway (pretty much).
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Old 06-24-2008, 10:19 PM   #3
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Quote:
Originally Posted by Dragoneye View Post
I remember reading this.

Good for him, and I hope someone gets these people out of the community. Imagine, being ticketed in your own drivway (pretty much).
Yep, had sort of this same thing happen with me here in gilbert, only the HOA was pissed that people where parking on the street(half of my community has SHARED driveways, so you park in the garage or on the street to not block your neighbor). Basically because the street is public/government managed the HOA has no ability or jurisdiction over it.

The thing with this guy is the entire community and the streets/parking is private, and was then "outsourced" to a contractor. The contract is between the HOA and the contractor, NOT the owner of the condo. Its just one of those situations where someone finally had enough and exercised their legal rights in a better way than a lawsuit.

Oh and before this gets into an HOA bashing, the mans HOA is on his side, but refuses to get into any legal battles.
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Old 06-24-2008, 11:11 PM   #4
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Ah these things are fine lines. On one hand, I appreciate enforcement, because nothing sucks more than to come home from work and have nowhere to park because someone is having a party and all their friends took every open spot. In the apartment complex I lived in before the one I live in now you got a parking spot for every bedroom in your apartment. Since this was mostly college housing you'd have 4 adults with two spaces. My roommates would just rotate passes and park on the street or on campus on the weeks without a pass, but others would just go ahead and park. I'd get home from work at 6 and yay! no spaces, even though I had a permit.

Now on the other hand, power corrupts, and while enforcement is good, understanding is better.
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