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NYC - locking to no parking sign and letter from co-op board

Old 09-17-14, 04:58 PM
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nanter
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NYC - locking to no parking sign and letter from co-op board

I received a letter from the co-op board of my building indicating that bikes locked to the tree pits in front of the buildings and one locked to a no parking sign had to be removed by 9/22 or the super would cut the locks and discard of them. It is my understanding that the tree pits, if installed by the building owner, are private property and such a demand can be made. However, the no parking sign on the street would invariably be city property, and such action by a private entity would be tantamount to property damage and theft, no?

Hoping for one or more NYC members who may have some experience/knowledge about this.

Thanks for any insight.
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Old 09-26-14, 10:42 AM
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Originally Posted by nanter
However, the no parking sign on the street would invariably be city property, and such action by a private entity would be tantamount to property damage and theft, no?
Not so fast. You may be right, but as with most things, especially in NYC, the correct answer is: "it depends".

1.) There can be private no parking signs. For example, to warn people not to park in a private driveway.
2.) Even if the sign is owned by the city, the land it's planted on (and your bike is sitting on), could still be privately owned.
3.) Even if both the sign and land are public, the presence of your bike could create a problem that the property owner might be able to take care of on their own behalf. This could depend on regulation or case law and would require research.
4.) Or, the co-op board is totally blowing smoke and you're 100% correct.

I think you can get the point from here: it depends on specific facts and circumstances. No general answer likely to be applicable. Good luck.
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