Abandoned Car in Parking Space in CA

Question:

Can a condo homeowner ‘abandon’ his car in his designated parking space? He has told me the car is registered as inoperable. Car is filthy with a flat tire.

– Douglas

 

Answer:

Hi Douglas,

In California, an HOA generally has the authority to enforce rules about parking, including the removal of inoperable or abandoned vehicles, provided that such enforcement is outlined in the HOA’s governing documents and follows specific legal guidelines. According to California Vehicle Code Section 22658, HOAs can arrange for the towing of inoperable or unregistered vehicles if the vehicle is stored in a way that violates community rules and if the HOA has provided appropriate notice to the vehicle’s owner. The HOA must give at least 96 hours’ notice before towing an inoperable vehicle from a private parking space. Additionally, rules around vehicle storage or abandonment often need to be detailed in the HOA’s bylaws to allow for consistent enforcement.

If the vehicle’s condition disrupts community standards, such as appearing unsightly with issues like flat tires, your HOA might be able to require the owner to remove or repair it, especially if the HOA has guidelines prohibiting inoperable vehicles in visible areas. To clarify enforcement actions and ensure they comply with California law, you could review the HOA’s rules and request the HOA address the issue in a meeting if it persists.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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