parking in our space

[bob gentry]

Hi officers
I know below is a question for attorneys, but was wondering what a peace officer may think.

We own a condo in a building with about 80 other tenants. It is in Long Beach California. We have 2 spaces assigned to us. In fact everyone has a space assigned to them. I mean this is not an apartment we are renting and its not a commercial space assigned to us by an employer...this is our home that we own and that space came with it iin the escrow papers and was advertised as OUR parking space...

We have had other tenants & visitors park in our spaces without our permission.

My questions:
1) Is that parking space our private property? Meaning since we own the condo and part of the purchase of this condo included the parking spaces, wouldn't that make that piece of land ours?
2) And if that space is our property wouldn't that make any non authorized vehicle illegally parked on my property?
3) If #2 is true, that unauthorized vehicle is now my property or at the very least I am free to do with it what I want...correct? I mean I didn't steal it or put it there, someone else did without our permission and they must have seen all those signs that clearly note: "RESERVED FOR OWNER"
4) Also , if someone parks there, aren't they technically and legally trespassing?
5) And if they are trespassing wouldn't that vehicle owner be criminally liable?

I know there are HOA by laws on parking that I will read over, but isn't there just basic laws that override any HOA when it comes to your private parking space? Again this is not an apartment we are renting and its not a commercial space assigned to us by an employer...this is our home that we own and that space came with it advertised as OUR parking space.
Thank you so much

[bob gentry]

One more thing as in another forum the person asked me it the parking appears in my grant deed and my answer:
hello
I just opened the file with my grand deed and in one part it says:
'AN EXCLUSIVE EASEMENT, APPURTENANT TO PARCEL 1 ABOVE, FOR ALL USES AND PURPOSES OF A PARKING SPACE(S) OVER AND ACROSS THAT PORTION OF THE ASSOCIATION PROPERTY WITHING LOT 1 OF SAID TRACT NO. XXXXX, BEARING THE SAME NUMBER DESIGNATION AS THE UNIT REFERRED TO IN PARCEL 1 ABOVE, FOLLOWED BY THE ;LETTER "P", SHOWN AND DEFINED AS AN EXCLUSIVE USE EASEMENT AREA ON THE CONDOMINIUM RECORDED MAY 16 2003 AS INTRUMENT NO XXXX OF OFFICIAL RECORDS

[GoDirectly2Jail]

Were I in the situation that you've described, I would be discussing with an attorney my rights in having any vehicle in that space towed at the owner's expense, and having signage posted to that effect.

But that's just me. Your mileage may vary.

[bob gentry]

great and thanks , one of the reasons I ask is that yesterday another tenant was parked in our space..we left them a nice note, in which we basically offered to share the space when we are not using it and all we wanted was a cell # (we left ours on the note) so we can call them to move their vehicle and they can call us to see if they can use it..very nice note...but instead of appreciating it they accused us of keying the truck (which was already a beat up mess of a truck)...well we never did it and why would we leave such a nice note if if did key it...either way can they criminally get us in trouble for the keying we did not do?? especially since they knowingly parked in OUR space and are trespassing, will the cops arrest us or will we be prosecuted??
thnaks

[GoDirectly2Jail]

great and thanks , one of the reasons I ask is that yesterday another tenant was parked in our space..we left them a nice note, in which we basically offered to share the space when we are not using it and all we wanted was a cell # (we left ours on the note) so we can call them to move their vehicle and they can call us to see if they can use it..very nice note...but instead of appreciating it they accused us of keying the truck (which was already a beat up mess of a truck)...well we never did it and why would we leave such a nice note if if did key it...either way can they criminally get us in trouble for the keying we did not do?? especially since they knowingly parked in OUR space and are trespassing, will the cops arrest us or will we be prosecuted??
thnaks

First off: PEOPLE trespass, cars do not. (and I do realize someone had to be in the car to get it into your space.) However, it's a stretch to say that they knowingly parked there without your authorization unless you physically notified them. In person. As to the damage to their car, that is a crime, and if reported, will be investigated. Why are you so worried about being arrested for the keying? Sure you didn't get pissed at coming home to your space being filled, and exact a little revenge?

[PapaBear]

In all probability your assigned parking is off-street and on private property. In order to effectively control others from parking within your parking spaces, you must first post a sign that unlawful parking will be strictly enforced. It must contain the warning that violators will be towed, the appropriate city/county/state law section, and the telephone number for the local police agency having jurisdiction.

The more important thing is YOU will be responsible for paying the tow company; unless, you can work out a different arrangement, YOU must make written notification to the legal owner of the vehicle, YOU will be held responsible for any civil damages resulting from a litigation. The police will not make the storage or impound of the vehicle - YOU do!

Contact your property management association for assistance and contact the local police agency for their policy.