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If I live in a condo, can another tenant give me a parking ticket?

Asked over 2 years ago - Atlanta, GA

I live in a condominium with a private parking garage and all the spaces are numbered. Supposedly we have to 'buy' a specific parking spot. One evening I parked in someone else's spot and the concierge gave me notice to vacate the spot or be towed, so I did so. I apologized to the 'owner' of the spot, but he demands a fine of $500 almost three weeks after the incident. If legal notice mentions only the threat of being towed at my own expense and not a fine, is this legally enforceable? Should I talk to the property management or Homeowners Association about this dispute?

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Brian E. Daughdrill

Reputation Level 14

Answered over 2 years ago. Real Estate Attorney in Atlanta, GA.

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Review the condo declarations which will declare what the penalties are. I would be surprised if they have a fine of this amount for a one-time event. If the spots are "deeded" spots, your actions amount to "trespass" but the measure of damage for trespass is the lost rental value or the physical damage, neither of which it sounds like amount to $500. Individually, the property owner probably doesn't have authority to "assess" a "fine." He would have to go to court and get a judgment against you and I suspect, unless you have a very unusual set of covenants, that a judge is going to have much patience for this.

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Roberts & Daughdrill, P.C.

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