Condo Media - October 2019 - 31

The owner might sue the association
for discrimination under Fair
Housing laws for failing to
accommodate his or her handicap.
A wheelchair-bound individual
staring forlornly as her car is
towed from your community is
not something the board-or
other residents of the community-
would want to see on the 6:00 news.
"The optics would be terrible,"
Shapiro says.
The board at one association she
represented opted not to fine or tow an
elderly owner who parked regularly in
a no-parking zone, ignoring repeated
requests not to do so. "They decided
that if he wanted to run the risk that a
firetruck might slam into his car, that
was his problem," Shapiro says.
A board that wants to deal more
directly with a handicapped violator
should seek a court order directing
the resident to obey the parking rules.
While that would be a lengthier process,
Shapiro agrees, for the association,
"it would be a much better way to go."
DON'T TOW THE CARS OF LAW
ENFORCEMENT OFFICIALS.
There are two contrary reactions
to this. "DUH!" and "Why shouldn't
they obey the rules, like everyone
else?" Richard Brooks offered this
advice to a board member who
wanted to tow a state police officer's
car, because the police logo made it a
commercial vehicle, prohibited by the
association's rules.
"Having a police car in the parking
lot is like having a security guard on
duty. Why would you want to remove
it?" His example illustrates the last
suggestion on this list.
MAKE YOUR PARKING RULES
REASONABLE (THIS WILL REDUCE
THE NEED FOR TOWING) AND
MAKE YOUR ENFORCEMENT
POLICIES SENSIBLE.
Sensible policies require perspective,
recognizing that parking offenses aren't

matters of life and
death and don't involve
principles that associations must
defend at all costs.
When the owner of a car that was
being hooked up to one of Johnson's
tow trucks put a gun to the driver's
head, the driver released the car and
said, "This looks like a very nice car,
sir. Please take it. And there will be no
charge." That is precisely how Johnson
instructs his drivers to respond to
any confrontation. "Back away, even
if you know you're right and even if
you're sure you'll win." In 40 years in

the towing business, Johnson
says, this is the only threat of
violence he has encountered.
But non-violent confrontations
are not uncommon, and his
advice for handling them is the
same: "Back away. Report the incident
to the condominium association and let
them handle it."
n NENA GROSKIND IS PRESIDENT
OF ECONTENTPLUS, PROVIDING
EDITORIAL CONTENT FOR
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October 2019 CONDOMEDIA

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