What to do about condominum parking issues?

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What to do about condominum parking issues?

My condominum has assigned me a parking space. Unfortunately, one of my neighbors is parking on my spot instead of his. He complained to the board about me parking in visitor parking a couple of years ago. Since then, I don’t interact with this neighbor. Also, the condo board president seemed to side with this neighbor. The condo by-laws says parking only on the assigned space and the tow will be at the owner’s expense. Should I retain a private attorney or can I just simply get the car towed by informing management via registered mail? What are the legal implications if the neighbor’s car gets towed?

Asked on March 28, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sometimes even if you are with in your legal right to act - as it appears you would be in the tow situation here - for all practical purposes it wuld not be a good idea to make that your first step.  The word "retaliation" comes to mind and making things even worse with the neighbor than they are now.  I would hire an attorney on a flat fee basis to write a letter on your behalf to the neightbor and the condo board advising of this infringement of you right and requesting that it be recitfied asap.  It might be enough to scare them all. And if it is not and you seek help from the courts or self help (like the tow) the courts will take note that you tried to resolve the matter amicably prior to requesting their intervention.  Good luck.  


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