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MichelleC8 (California)
Posts: 80
Posted:
I know this type of posting has been brought up. There is an issue and I am looking for ideas or maybe what your own CCRs say. Our CCRS are simple and read only tenants are allowed to use our disabled parking. We do not allow for guest parking as our garage is secure, and it requires an opener. No guest are allowed to park in our disabled parking. It’s for tenants or owners only.

I have lived here nearly 20 years and it’s always worked. Now we have an owner who is using his moms placard. We know this as he admitted to it. He was seen parking his care or his guests car using this placard without the owner. He has been cited. Now he has parked his second car in the disabled spot with his moms placard. The owner of this placard isn’t here. We know this as we see the owner of the car parked in the disabled bay leave in our security camera ALONE. His house is dark, nobody answers the door. He is using it as his own spare parking pace. He parked if there last week and guess what he was with his mom. He has left this car there for 7 days straight. He is using his primary car, is alone and nobody is on his residence. This has displaced one of our disabled owners. Speaking to the jerk goes nowhere and he threatens lawsuit for harassing.

Our board is contemplating time limits ( days ) for cats to be parked on the spots. Proof the owner of the placard live here like mail, or having proof she lives her not just him saying she does.

At this point DMV I feel should be notified again as we know the owner/ his elderly mom isn’t here! She supposedly can’t be left alone. His house is dark and he is leaving for work solo.

Suggestions ? Our atty suggested NOT to tow as this could cause a slippery issue. But we can change our parking rules to make this more fair for the others who haven’t been able to access this spot.
MichelleC8 (California)
Posts: 80
Posted:
Also city code enforcement doesn’t apply per our PD as this is private property.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Call the proper authorities who handle these issues. They are best resource not the HOA.

Former HOA President
MichelleC8 (California)
Posts: 80
Posted:
Melissa the city police can’t enforce anything as this is one private property! They said it’s up to the HOA to enforce its rules. I still think it’s best to turn him
into the DMV though.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
who issues the placards? That is who you report it to. Police are not that resource.

Former HOA President
SamE2 (New Jersey)
Posts: 310
Posted:
If the parking is private just for owners do you have to have handicap parking? Does each unit get at least one spot and are the spots assigned?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MichelleC8 on 01/23/2020 6:45 PM
At this point DMV I feel should be notified again as we know the owner/ his elderly mom isn’t here! She supposedly can’t be left alone. His house is dark and he is leaving for work solo.


MichelleC8, you are correct that DMV enforces the law that prohibits fraudulent use of placards. See https://www.dmv.ca.gov/portal/dmv/detail/about/reportfraud and a buzillion other sites saying the same. Notably: "California Vehicle Code Section 4461(b) (c) prohibits anyone from lending their placard or knowingly allowing the use of their placard by anyone." It appears to me the problem is not so much the son. Instead, the problem is no one on your board or at your HOA has the courage to make use of a perfectly good law that legislators and other civil servants labored over for a long time. God forbid someone rocks the boat, and for the better, where you are. In the event someone is willing to step up, this someone should document massively, submit the complaint and documentation to California DMV, and see what happens.

What particularly galls me is that, by not reporting this to DMV, you and others are potentially hurting someone who is actually disabled. Shame on all of you.
MichelleC8 (California)
Posts: 80
Posted:
It’s been reported to the DMV and it’s being processed by the board for a violation- fine. It’s crazy that it’s know what and not peocessed
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Can you re enter the last sentence?
MichelleC8 (California)
Posts: 80
Posted:
It’s crazy that this has been known and the board hasn’t done anything!
SamE2 (New Jersey)
Posts: 310
Posted:
Why do you have disabled parking spaces. I'm in New Jersey and we don't have disabled spots in our parking lot. Each unit get one assigned spot and their 8 spots that can be used first come first serve. If someone needed a disabled spot they would have to use their assigned spot for that.
MichelleC8 (California)
Posts: 80
Posted:
Gosh I don’t know?! It was placed there in 1985. No clue!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
And why does the board need to report this? Why can't you or a neighbor do it? It's NOT an HOA thing. It's the illegal use of a Placard.

Former HOA President
NicoleO5 (California)
Posts: 61
Posted:
I think it’s the housing of the car which is the issue. The use of the placard is secondary although illegal. Try being mobility challenged and and park your car in a regular spot. It’s not always achievable. Seems like the parking rules need an overhaul.

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