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Old 03-23-06, 08:06 AM   #26
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Make sure that your car and rack fits entirely within the length of a legal parking space. If you can demonstrate that you do not extend into the travel lane, you'll have a better case.
Offer to park tail in. If they need to have a parking sticker visible, ask for a hang-tag.
Ask iF they are also enforcing this rule for hitches.
Find out if there anyone else with a bike rack who has also gotten a letter.

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Old 03-23-06, 08:17 AM   #27
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If you pay for a parking space as an adjunct to your lease, that parking spot is YOUR PROPERTY. As long as your vehicle+bike rack does not extend into the right-of-way, the manager should be told to pound sand. Tell him if he touches or tries to remove your property you will call the police.
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Old 03-23-06, 08:17 AM   #28
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Move.
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Old 03-23-06, 08:57 AM   #29
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We have a problem at my office with a couple of pick-up truck drivers who have trailer hitches that extend way beyond the rear bumper. These guys insist on backing in to parking spaces so the their trailer hitch sticks out over the sidewalk. There are at least three visually-impaired folks that work here that have complained about walking into the hitches.
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Old 03-23-06, 09:50 AM   #30
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Can you flip the bars down? Most racks have that feature and that would reduce the extension to less than a foot.

As for racks being dangerous, I was showing a big four bike rack, that lets you swing it out with the bikes on it(To open the back) The customer kept swinging it back and forth hitting me with it twice, drawing blood the second time.
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Old 03-23-06, 10:34 AM   #31
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Just say "No.".

Write your apartment manager a letter. Be assertive but polite. Make the following points:

1. The rack, since it is bolted onto your car, is a part of the car.
2. Your car, even with the rack, is no longer than some other residents cars.
3. Removal of the rack without your permission is probably a criminal offense.
4. We obviously have a disagreement. Lets get together to see how we can find a mutually agreeable solution.

Don't hand deliver it. Mail it and get a proof of delivery receipt.
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Old 03-23-06, 10:44 AM   #32
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Quote:
Originally Posted by Olebiker
We have a problem at my office with a couple of pick-up truck drivers who have trailer hitches that extend way beyond the rear bumper. These guys insist on backing in to parking spaces so the their trailer hitch sticks out over the sidewalk. There are at least three visually-impaired folks that work here that have complained about walking into the hitches.
OK...I gotta say...that was funny to read...seriously...
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Old 03-23-06, 12:10 PM   #33
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It is a rack on your car/truck right? If so the appartment manager or anyone else remoc=ving it is theft plain and simple. There is a slim chance I am wrong, but I very much doubt it. Check with your local police station and while you are there get the threat of theft and vandalism on record. Also find out what they would do about it if the theft does take place.

Remember on things like this it is not if you are right or wrong, but how the local government entity feels about it. Whoever has the police on thier side wins the war of resources.
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Old 03-23-06, 04:27 PM   #34
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Win or lose, plan on a lease non-renewal.

Personally, kill them. They're just being that stupid.
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Old 03-23-06, 05:18 PM   #35
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The bike is a hitch type, and it does not fold... It's Yakima Roc4, and older one.

-- Update --

This morning I went to the office, and the door's closed. They open at 9am and I went at 8:55... Anyway, I meet the maintenance guy and chat a little, and it seems that the office is not really hard ball, they won't really take it away or anything. Then he says it's not allowed to park the car tail in for security reasons (someone has to walk around and check the plate numbers he says). So I just show him how my car is parked, and he agrees that now that it's only poking out a little (5" or so) it shouldn't be a problem, and he'll back me up if he happens to talk with the management people in the office regarding this matter.

Then I go to the office, and nicely start talking that I received such letter, my car with the rack is no longer than some other pickups, but I still understand why this is complained and I will simply park in as much as possible so it won't protrude too much. Then she says that's fine.

Case closed? You never know. God knows what they'll come back with to harrass me again. They might as well change their mind this evening and give us another letter!

But I do think hitch bike racks can be dangerous, especially thinking that old woman who lives next. She is old - real old - and always look down when she's moving around. Maybe she bumped into my rack and complained? Also my rack is black-color so especially at night it may be even more problematic. I'm going to buy some reflective tapes and stick them on my rack for that matter.

Anyway, one thing for sure, once the lease is over, I'm outta here. Probably start looking for a small house or something. Or a friendlier apartment.

So please tell me some influential websites where you can review apartments... I remember seeing one but it didn't seem to have many reviews (not too influential).

Anyhow, thanks for all the input. It's been really helpful.

Cheers
BFD

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Old 03-23-06, 05:43 PM   #36
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Then he says it's not allowed to park the car tail in for security reasons (someone has to walk around and check the plate numbers he says).
This is a part I don't understand...
Don't cars in the US have plates both front and back???
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Old 03-23-06, 06:01 PM   #37
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This is a part I don't understand...
Don't cars in the US have plates both front and back???
Varies by state. Most do, some don't.
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Old 03-23-06, 06:34 PM   #38
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I live in an apartment, and today I received a notice from the apartment office that says..

"...your vehicle with bike rack is interferring with street and foot traffic. You lease states that entrances, hallways, walks, lawns and other public areas shall not be obstructed or used for any purpose other than ingress and egress."

BFD
Looks like the lease says you can't block any of those things stated. If your rack is blocking any of those things than you are in violation. But this really isn't a rack issue, it is a blocking issue. You could be blocking it with anything and you are in violation.

So get the rack out of the way and you are in the clear. They can't make you remove something from your car, especially if it isn't blocking any of the areas mentioned. Also if they try and remove something from your vehicle, i'd call the cops and file a report.
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Old 03-23-06, 07:21 PM   #39
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I'm a little late to the party, and it sounds like you've arranged a decent resolution. I am not suggesting that you change a thing at this point, so long as things continue to be cool with the building's management. A couple of things to keep in mind in case this comes up again, though.

(1) I don't know what state you live in, but I have a great deal of difficulty believing your state's laws permit the landlord or his/her/its agents to take such "self help" measures as removing your rack or car under these circumstances.

(2) Does your state have small claims court system? If you are in California, the answer is "yes." No lawyers, available to resolve matters up to $5000. That would probably cover any damage or loss to the rack, and probably to the car, assuming these folks suddenly decide to be Neanderthal about this. Don't threaten this up front, but if they try the strong-arm "we're going to take your stuff" approach again and won't be reasonable next time, trot that one out. (Believe me, as a landlord/manager of an apartment complex, they will understand about small claims court).

(3) Document, document, document. Take photos showing you are not blocking anything and/or that there is plenty of room for someone to get past your car & rack. It sounds as if the claim from the management was that your car + rack was interfering with other tenants' use of the driveway/carport area. Your photos would need to document that there is plenty of room for other cars to get by. Measure how much space is between the back of your car + rack and the far edge of the driveable surface of the carport/driveway area, the same distance when your car is not there, the same distance from the monster SUV's you found, and from the cars on wither side of yours, and photograph the measuring tape readings. Keep these in your sole possession for now for possible use later.

(4) Do a reality check. Compare the measurements you took for (3), and make an honest assessment of the distances involved relative to the width of a car or pick-up that would have to get past where your car is parked. Consider how these numbers will sound to a third person who knows nothing about your situation - such as, say, a small claims court judge. Maybe even ask some of your friends or co-workers what they think without letting them know which side of the dispute you are on. The point is to get a sense of how reasonable your side of the story will sound to someone else, which means that it does you no good if you stack the deck in your favor when you ask for other people's thoughts. This will, in turn, give you a much better sense of how hard you can push your side - or, if need be, how far you can carry a bluff against the management. Knowledge is power - primarily the power to make informed decisions, and the power to distinguish between a calculated risk worth taking and bone-headed move than can only end in disaster.

I hope you never have to make any practical use of any of this. But if nothing else, you have learned that you do not have to just cave in when you get one of these "f*** you, worse to follow" letters.
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Old 03-23-06, 07:37 PM   #40
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Not being able to see your parking spot, it is hard to judge but if the rack presents a safety hazard. If it does in any way no matter how slight then the management company is right. Their first responsibility is to the owner of the complex and not to you. The size of someone else's truck has nothing to do with anything.
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Old 03-23-06, 09:45 PM   #41
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Quote:
Originally Posted by bigfatdud
Then I go to the office, and nicely start talking...
I'm going to buy some reflective tapes and stick them on my rack for that matter.
--- Smart idea to talk with them personally. Getting some "face time" usually disarms most situations.
And I agree to LOTS of reflective tape to keep someone from stumbling into your bike rack at night. And the addition of the tape will prove to the manager and the apartment community that you're a responsible neighbor.
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Old 03-23-06, 10:27 PM   #42
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If you're living in the type of apartment complex that doesn't let you keep your bikes on the patio, i think you're up against the man and the man, he ain't going to blink. Better come up with plan B, but i personally think an apartment complex has NO BUSINESS telling its tenants what they can have hanging off their vehicles...this is America, isn't it?

unfortunately, americans make all sorts of concessions to their sensibilities to live with such screwed up priorities.
Not only is the man telling him he can't have a bike rack, but the man says he can't park his bicycle on his own patio WTF?????? Time to move!
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Old 03-23-06, 10:28 PM   #43
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The bottom line is that the lease agreement you signed with management is separate and exclusive of any lease agreement any other tenant signed with management. They have the rights, at least under California law, to enforce any part of the contract that want to with you and to ignore it with other tenants. It's completely unfair and stacked against the residents but they could allow one person to have 10 bikes on their patio and not let you have one on yours. They could allow someone in the building to operate a home business out of their apartment and evict you for doing the same. So, unfortunately, you're not in any stronger a position by citing examples of other people who have gotten away with the violation their bringing down on you. It's called "implied consent" but it doesn't fly in this situation.

I speak from personal experience and consultation with a lawyer. The solution to my apartment complex that was giving me a similar selective enforcement problem was to fight them for as long as I could stomach it but ultimately to move. I can tell you from experience that moving to a smaller place with a less over-bearing management was the best decision I could've made in my situation.
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Old 03-24-06, 07:16 AM   #44
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I was an apartment manager for about two years. This is what I would figure is going on here.
The apartment manager rarely acts on his/her own. The owner is probably the one behind this, so don't even bother trying to go over their head.
The reason they are bugging you is because the rack isn't a permanent fixture of your vehicle, and peds and such do not expect it to be there. It would be similar to carrying a ladder in the back of a pickup truck. They, unfortunatley, can make up stupid rules like this. most likely because someone else in the complex complained about it. You may try asking if covering the rack with a bright fabric or cones or something, to draw attention to it, would be acceptable. Anything that makes it stand out may be OK with the management.
Unless they're jag-offs

burbanbiker, in Illinois, if they did that to you, you would have a lovely lawsuit to file. Making reasonable accomodation to a resident that is NOT affected by any kind of handicap (ie wheelchair access, etc), and not allowing for the same accomodation for any other resdient is considered discrimmination here. I'm surprised it's allowed in California.

BTW, I quit my manager job 3 years ago because I hated the politics of it all. But meeting the new residents was pretty cool.
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Old 03-24-06, 08:25 AM   #45
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Quote:
Originally Posted by bigfatdud
Then I go to the office, and nicely start talking that I received such letter, my car with the rack is no longer than some other pickups, but I still understand why this is complained and I will simply park in as much as possible so it won't protrude too much. Then she says that's fine.
Sounds like a fair resolution to the problem. The management is satisfied that there is no hazard and you can keep the rack on your car.

Something that I don't think was mentioned about this is that the lane into which your rack was protruding is most likely a fire lane and must be kept clear.
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Old 03-24-06, 06:20 PM   #46
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I don't know the cost of your bike rack but, if it were mine, I'd let him steal it and then I'd take him to small claims court. No lawyer expense. I'd also write to the help line at the newspaper. Finally, I would find something not covered in the lease that I could do to really irritate him. I'm not as easy going as you are. I would go to war.
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Old 03-24-06, 11:08 PM   #47
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Perhaps I could have my "people" pay them a little visit
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Old 03-25-06, 01:43 AM   #48
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We had a similar issue recently. We were parked on a public parking lot at a small shopping plaza. When we came back to the car we had a rather insulting note on the windshield asking us to remove our car rack. Apparently a person walking in the lot didn't see the rack and bump into it. For some people a bike rack is a hasard as it is not too visible and, of course, they cannot be responsible for not looking where they are going.
Your solution is either parking rear end first, or to get a folding rack like the most recent ones from Thule and Yakima. I think they call them swing arms where the arms go down and up rather quickly.
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Old 03-25-06, 02:53 AM   #49
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If someone is stupid enough to walk into a bike rack that is bolted to a car, then that is THEIR problem. Why are they walking that close to your car in the first place?

As far as the manager removing it from your vehicle...well...let's just say in Louisiana, your car is considered an extention of your home by LAW. Someone breaking into your car is treated the same as someone breaking into your house. If I walked outside and saw someone trying to steal the permanantly attatched bike rack off my car...I'd be armed when I confronted them.
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Old 03-25-06, 04:24 AM   #50
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If someone is stupid enough to walk into a bike rack that is bolted to a car, then that is THEIR problem. Why are they walking that close to your car in the first place?

As far as the manager removing it from your vehicle...well...let's just say in Louisiana, your car is considered an extention of your home by LAW. Someone breaking into your car is treated the same as someone breaking into your house. If I walked outside and saw someone trying to steal the permanantly attatched bike rack off my car...I'd be armed when I confronted them.
First off you don't have to be "stupid" to run into a rack. Racks without bicycles are not very visible. Almost happened to me on a group ride. Luckily I saw it at the last minute. Yes walking it would a a bit harder, not to see it but moving at a few miles an hour things happen fast. Take your mind away from what you are doing (which can happen easily in a place like a parking lot) for a second and wham.

If someone does run into your rack it is YOUR problem not THEIR problem. An attorney can easily make an argument that an unused rack could easily be removed by it's owner therefore you were negligent in leaving it installed.

The rack is not a permanent fixture the OP just thinks of it that way:

"I regard it as a permanent attachment"
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