Injury Due to Insufficient Guest Parking
A landowner’s common law duty of care does not encompass a duty to provide onsite parking for invitees to protect them from traffic accidents occurring off-site as they travel to the premises. (Issakhani v. Shadow Glen HOA.) Following is a summary of the case:
Plaintiff visited a condo complex that had “reserved” and “guest” parking spaces. All the guest spaces were taken, so the plaintiff parked her car on the far side of a five-lane street. Rather than use the crosswalk, she jaywalked, was struck by a car, and sustained a traumatic brain injury. As part of the condominium complex’s development, the City of Los Angeles enacted an ordinance that, among other items, required 34 guest parking spaces. At the time of the accident, 6 parking spaces were marked as “visitor” spaces.
Plaintiff sued the association for negligence and premises liability, claiming that the failure to maintain the number of parking spaces required by the ordinance created a foreseeable risk of harm for the association’s guests. The trial court granted the association’s motion for summary judgment because the association owed the plaintiff no duty under the common law or under the ordinance.
The appellate court affirmed. "We conclude that a landowner’s common law duty of care does not encompass a duty to provide onsite parking for invitees to protect them from traffic accidents occurring off-site as they travel to the premises. The court stated: “Imposing a duty to provide sufficient onsite parking for all invitees would also impose an unacceptably heavy burden, as every business and every multifamily residential dwelling complex would be required to provide parking for every guest, or else face liability for damages incurred when those guests cannot find onsite parking and are injured when trying to access the property from off site.”
HOA Parking Violations
Associations cannot use devices to immobilize a vehicle, such as wheel clamps and barnacles. In an August 12, 2004 Opinion, California's Attorney General decided that immobilizing a vehicle would be considered "tampering" under the general prohibition found in Vehicle Code § 10852. In the AG's opinion, placing a sign at the entrance to a parking lot describing the booting of vehicles would not be sufficient to protect against a tampering violation. The Barnacle is a device attached to a vehicle's windshield that obscures the driver's side view, making driving the vehicle dangerous and illegal, effectively immobilizing it. The Barnacle is secured to the windshield and, once engaged, sounds an alarm if the vehicle is moved or the device is tampered with. "A "boot, or "Denver boot," is a large metal clamp that attaches to a vehicle's wheel, preventing the vehicle from being driven.
Recommendation: Because immobilizing a vehicle is prohibited under Vehicle Code § 22651.7(b), boards should work with legal counsel to establish proper signage and rules for towing vehicles.
Disabled Vehicles
Prohibiting the storage of inoperable vehicles is common in HOA Rules & Regulations. This rule was challenged by an owner whose disabled car, which sat in his parking space for four years, was towed. The owner sued and lost. He then appealed and lost. The Court of Appeals found nothing unreasonable about prohibiting the open, long-term parking of disabled vehicles. The Court ruled that associations are "perfectly reasonable in prohibiting this unsightly intrusion upon the aesthetics of their common interest development.” (Sui v. Price) Moreover, associations may employ towing to enforce parking rules, as towing is specifically authorized by law. (Vehicle Code section 22658(a)) Before using towing as a means of parking enforcement, associations must first establish proper signage on the property and follow the procedures required by the statute.
Fire Lanes
Associations may give written general authorizations to companies to tow any vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the property. (Veh. Code § 22658; Veh. Code § 22953) Fire lanes must be properly marked. If the fire lane is not on public streets, i.e., association-controlled, the board can tow vehicles without further notice and without specifically authorizing each tow (provided the association has complied with all statutory requirements). Boards should check with their local fire departments for requirements in their areas. Following are sample guidelines for marking fire lanes:
- Curbs. Curb top and side shall be painted red, and the words "FIRE LANE" shall be stenciled on the top and side of all red curbs at a maximum interval of 50 feet. Letters shall be three inches (3") in height with a minimum 3/4-inch in stroke.
- No Curbs. If the fire lane has no curbing, a 12-inch-wide red stripe with the words "FIRE LANE" in white shall be painted along and parallel to the edge of the fire lane. The lettering shall be 8 inches high with a 3/4-inch stroke.
- Signage. Signs must be 12 inches wide and 18 inches high and read: "NO STOPPING - FIRE LANE." Lettering shall be not less than one inch in height and clearly visible from a vehicle. Signs shall be at a height of 80 inches and unobstructed by foliage.
Towing Vehicles
Beginning January 1, 2007, the Vehicle Code was changed so that associations may tow vehicles for parking violations if at least one of the following conditions has been met:
- appropriate signage has been posted, and the vehicle is parked in violation of the association's rules; or
- the vehicle has been issued a notice of parking violation and 96 hours have elapsed since the issuance of that notice; or
- the vehicle is inoperable and lacks a major component required for safe operation, such as a windshield, tires, etc., and the local traffic enforcement agency has been notified at least 24 hours prior to towing; or
- the vehicle is illegally parked within 15 feet of a fire hydrant, in a fire lane, or interferes with an entrance or exit of a single-family dwelling.
Towing Signs. As provided for in Vehicle Code § 22658(a)(1), associations may tow vehicles without first issuing parking violations if they install proper signage. Signage must meet the following requirements:
- in plain view at all entrances to the property,
- not less than 17 inches by 22 inches in size, with lettering not less than 1 inch in height,
- stating that public parking is prohibited and unauthorized vehicles will be towed at the owner's expense,
- providing the telephone number of the local traffic enforcement agency, and
- provide the name and number of each company party to the towing agreement with the association.
Towing Agreements. Associations should enter into written agreements with one or more towing companies (which must be listed on the towing signs) that they comply with the requirements of the Vehicle Code, including:
- providing notice to the local traffic enforcement agency within 1 hour of receiving authorization from the association to tow a vehicle;
- immediately giving notice to the owner of the vehicle of the towing, the grounds for the removal, and the place to which the vehicle has been towed; and
- providing a copy of the notice to the proprietor of the facility (such facilities must be within a 10-mile radius of where the vehicle was removed), if the vehicle is stored in a storage facility.
Specific Authorization. Except as noted below, each time a vehicle is towed (i) the association must provide a specific signed authorization to the towing company, and (ii) a representative of the association must be present when the vehicle is towed. The towing request must contain the following information:
- the make, model, vehicle identification number, and license plate number of the removed vehicle;
- the name, signature, job title, residential or business address, and working telephone number of the person authorizing the removal of the vehicle;
- the grounds for the removal of the vehicle;
- the time when the vehicle was first observed parked at the private property; and
- the time that the authorization to tow the vehicle was given.
Exceptions to Specific Authorization. Associations may give written general authorizations to companies to tow any vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane or in a manner that interferes with an entrance to or exit from the property.
Guest & Handicap Parking
Guest Parking. Associations may tow from common area guest parking spaces, provided the parking areas are properly marked, and appropriate signage is posted at all entrances to the development.
Handicap Parking. Any time an association needs to tow vehicles from handicap parking spaces, it must ensure that its signage and procedures comply with Vehicle Code § 22511.8. See "Disability Parking in HOAs"
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