Some Suggestions to Put Parking in Its Place

QUESTION: I live in a 32-unit Los Angeles apartment building. After living here for several years I am at my wit’s end when it comes to trying to figure out a solution to our never-ending parking problems.

People constantly park in front of the garages in the red zone. They park there because they’re “conveniently” located near the door.

I have tried everything from complaining to the owner and management company, to calling the city Department of Transportation (DOT), to going door to door.

Yelling at the management company to have these people move their cars is fruitless. I get no response from them.

The on-site manager tries to tell them not to park in the red zones but he is, for the most part, ignored. Often, he isn’t even around to tell these inconsiderate idiots not to park there.

I’ve left messages for the owner to call me but he never does. I’ve written him letters and even gone over to his office to try to talk to him. He is always “out of the office” and never calls me back.

When I call the DOT to get the cars ticketed, the people move their cars before they arrive. Then, to make it worse, they come back and illegally re-park when the DOT leaves.

When I yell and scream at these illegal parkers to move their cars, they take their time about moving them as if I did something wrong.

What happens if there is an emergency, like a fire, and the emergency fire vehicles can’t get through and I can’t get my car out of the garage? There is only one way into and out of the parking area, so this could happen.

I don’t know what to do. How can I get someone to prevent this from happening without being evicted or reprimanded in some way?

ANSWER: It sounds as if you are at the end of the road regarding these parking problems. Here are some ideas for solutions:

According to Jim Sloan, a DOT senior supervisor, “You can call our Communications Operations Center at (818) 904-1420. They will assign the problem to a unit in the field, which will respond. You can also ask us to monitor the location periodically and we will do that.”

I always like to recommend nonconfrontational solutions to these problems. And while it may seem as if you have tried everything (and you nearly have), I have a couple of ideas for you on new ways to deal with the owner and management company.

As always, handle problems in writing. Unless you write letters and document the situations it is often difficult later to prove that you notified them at all.

First, write a letter to the on-site manager letting him know that you are concerned about fire and/or earthquake problems and the management company’s and owner’s potential liability resulting from inaction on them.

Make the manager aware that you will write to him again about the problems if they persist. Tell him you are building a record about the problems that you hope you’ll never have, but are prepared, to use.

If you like, you can suggest to him that he give 3-Day Notices To Perform or Quit to the tenants whose friends illegally park. You should also make him aware that you intend to write similar letters to the owner and management company.

Write a letter to the management company similar to the one you write to the manager. When writing this letter, remember that many rental agreements provide that the owner or manager has no legal obligation to control the actions of co-tenants or their guests. (A jury may see that differently in any given case.)

When you write to the owner, let him know that you are concerned about his insurance coverage in the case of a fire or other disastrous emergency. While these letters may seem a little strong, they appear to be prudent, considering all your past, failed efforts. Good luck.

Security Fee Interest Still in Frozen State

Q: I read in the July 18 issue of The Times that the state Court of Appeal recently overturned a Superior Court lawsuit that prevented landlords under rent control in Los Angeles city from having to pay interest on security deposits to tenants.

In other words, it looks as if landlords have to start paying us interest now. Is that true?

A: The lawsuit to which you refer, Apartment Assn. of Greater Los Angeles (AAGLA) etc., vs. City of Los Angeles etc., was filed by the California Apartment Law Information Foundation (CALIF) on behalf of AAGLA shortly after the law became effective in November, 1990.

The Superior Court heard arguments on the lawsuit on July 18, 1991, and granted AAGLA’s motion for a summary judgment on July 31, 1991, meaning it halted such payments at that time.

On Friday, July 17, 1992, the state Court of Appeal overturned the Superior Court decision. However, AAGLA is appealing the decision to the State Supreme Court. In the meantime, AAGLA’s general counsel, Trevor Grimm, is recommending to landlords that they “freeze any interest payments pending the appeal.”