I was just informed that if I choose to park my motorcycle in the underground garage, I must pay for a full-size spot and cannot park the bike in the spot I already pay for (and in which I park my small car). The bike would fit easily into the spot if both were permitted.
The 'carport/garage addendum to lease' is silent as to this issue and only speaks to improvements. It does say I will not maintain it as a storage facility.
However, absent a provision, can it forbid me from also parking my motorcycle in the spot?
Any advice or history on this issue would be appreciated. Thanks.
It would seem they should specify in writing ONE VEHICLE PER SPACE. It doesn't sound like they have a leg to stand on, but I am not a lawyer.
Haters. Most people can't stand when someone else is doing something they can't do or has something they don't have.
I'd ask for a government space bailout.
You should ask them in writing to specify where the prohibition and/or additional charge was stipulated.
I've seen it both ways. One instance you have 1 spot, what you park in it is up to you. On the other hand, is the ass hat-ish set up in my association. We get sticker for a primary and secondary VEHICLE. Its written to specify vehicle, not spots. So even though you are effectively entitled to two spots, one per vehicle you are not allowed to park more than two vehicles even in the instance when a vehicle could share a spot. I got a nasty-gram when I had 2 bikes briefly parked in the same spot that my bike usually occupies on its own...
But if your rules don't stipulate 1 vehicle per spot, or you must pay per vehicle.. then f 'em. If it's set up that you pay for your spot, to do with as you will (within the other stipulated restrictions) then you're in your rights to share up.
best part about finishing law school.....not the law practice, but being able to bullshit your way into things....warranty issue at bestbuy? hand them a business card and it's a non-issue....new DVD player instantly.
Got any local friends who can puff and posture and sign esq.?
Buy a lawyer a drink and get a threatening letter....association will cave.
really should be from your own state or I would be happy to help.
Just use some simple reasoning and care; bike in front or behind car takes up little room;
Would manoeuvring the bike out of this spot bike damage a neighbouring car?
Are you inconveniencing anyone by parking a small bike in the spot;
I'd go ahead and just park it inconspicuously; if someone questions it; then be humble; logical and reasonable and talk them into letting it stay; at no extra charge;
(Any flack is BS and unreasonable and Statler is ther to back u up (dude).
[moto]
If it is their property you are parking the bike on, and they aren't infringing on your constitutional rights, then they can exercise landowner rights to do what they feel is necessary to maintain order, and charge what they feel is reasonably necessary to recoup their costs for the parking garage. sounds like your problem is a civil matter. would be a civil court matter if they are breaching contracts, or anything of that sort. anyone else got anything to add/change/disagree to that?
Quote from: patroldawg on February 25, 2009, 08:35:21 PM
If it is their property you are parking the bike on, and they aren't infringing on your constitutional rights, then they can exercise landowner rights to do what they feel is necessary to maintain order, and charge what they feel is reasonably necessary to recoup their costs for the parking garage. sounds like your problem is a civil matter. would be a civil court matter if they are breaching contracts, or anything of that sort. anyone else got anything to add/change/disagree to that?
generally unless it its forbidden in the contract, it is allowed, only if they make a written addendum to the lease and he agrees to it. If it states a spot will be assigned and it is not to be used for anything but parking vehicles, he should be scott free.. until the lease is up
Quote from: Statler on February 25, 2009, 07:48:44 PM
best part about finishing law school.....not the law practice, but being able to bullshit your way into things....warranty issue at bestbuy? hand them a business card and it's a non-issue....new DVD player instantly.
Got any local friends who can puff and posture and sign esq.?
Buy a lawyer a drink and get a threatening letter....association will cave.
really should be from your own state or I would be happy to help.
+11tyb. I'm not allowed to do this, but damn does it work. [thumbsup]
As others have said, it's all about the terms of the contract and addendum (unless there's a local ordinance on the issue, which I doubt). Remember to read the whole document, not just the definitions or the part about parking. There might be a provision in there that the garage owner can do whatever the make the beast with two backs they want no matter what the rest of the contract says.
Usually things like this come down to a couple of things . Either money or setting a precedent that the owners won't want you possibly starting and who knows where it will end.
About the money part. The owners may feel that you are taking advantage of them monetarily by having 2 vehicle on one space. They probably would like to have you pay for an extra space.
On the other hand . You , by having 2 vehicles on one space leave open the interpretation of someone else like well I can park my little car and 2 bicycles all in the confines of that space.
Maybe someone else has 2 motorcycles and tries to park their small car and 2 motorcycles in the one space.
Now it's getting convoluted and and there's certainly going to be questions.
If there are no clear rules on the subject than it seems to me that the owner is in a precarious position as the so called " horse has left the barn " so to speak and to enforce non existing rules that weren't in the contract to begin with won't be enforceable by law until it's time for a new contract to be signed and then the owners can change whatever they want and hope that the tenants will sign on and stay under the new rules of the new contract.
They can't say that the contract implied this or that . Rules in and of a contract must be spelled out . Not implied or insinuated although common sense may be a part of how this could be legally interpreted.
Certain things are implied by common sense but I believe this is in the gray area and your assumption is as good as the owners assumption if it is counter to yours.
I am not a Lawyer so take this as an opinion backed by fact. Dolph :)
this is one of those things that eityher the apt wants more money or they are not following the spirit of the rule.
basically 1 option as stated above is that they just want more money, they figure we can squeeze him for more money. this is ok, but it can backfire in that you can say ok i'm leaving after this year good luck.
option 2 is that they basically don't want people storing stuff in 1 parking spot, ie, just filling it with crap, liek a dumpster or possibly parking 2 atvs, 3 dirtbikes in it so that it looks really shanty.
i can totally understand this, and they don't want to let you have 2 vehicles there bc basically then where do you draw the line? 3 motorcycles fit fine in a spot, what about 4, well you can do it, 5, can be done but very tough, etc, yo see where this is going.
but a car and motorcycle in 1 spot is not anythign like that at all. heck a suburban is larger than my car and motorcycle put together and they will let that park in 1 spot, so if they argue you take up too much space that is basicaly a bogus excuse, find a larger vehicle than yours and point it out.
worst-case scenario is that you challenge this in civil court... you'll win. keep us posted, please
Quote from: DucFanatic on February 27, 2009, 03:56:51 AM
worst-case scenario is that you challenge this in civil court... you'll win. keep us posted, please
I'd at least wanna take a look at the notice, termination, term, arbitration, liability limitiation, indemnification, insurance, arbitration and attorneys fees provisions in his contract and the addendum before thinking I could just head off to civil court and win.
if do you plan on saying screw it and parking your bike there anyways watch out that the dude doesnt have it towed. that would suck.
If you have to put up with that kind of B.S. you should just move. What else have they tried to pull?
I guess Im spoiled because My landlord has not come by the house in over a year or bothered me about anything in the last 5 years. as long as she gets her money, it's fine.
The Landlord at the office however, is another matter....