condo association towed my car

my Home Owners Association wants to start towing cars. My cars were parked in my assigned parking spot.

“I’ve had some towing companies implement pass-through fees that they’ll bill to the association, like a fee for getting the call initially,” says McPherson. Type

We send out quarterly newsletters to our current and prospective clients to keep them educated of law changes across each of our areas of practice. “If your vehicle code doesn’t require a person of authority to sign for the tow,” says Warren, “there should be some double-check with the towing company so it doesn’t have the ability to drive through your grounds and tow without some second level of authorization.”, McPherson agrees. If a home owner is parked in front of their own home on the street (off to the side) and the city we live in (Tampa, FL) says that it is legal can the HOA tow our vehicles? 2. It noted that the Georgia Condominium Act also requires that unit owners comply with the association’s rules and regulations. It is rather chilling that an individual can decide to tow a car from my parking space on a whim, By sebi1990 in forum Moving Violations, Parking and Traffic Tickets, By workingbee in forum Real Estate Ownership and Title, By 234todd in forum Moving Violations, Parking and Traffic Tickets, By Eteal in forum Moving Violations, Parking and Traffic Tickets, By ConcernHO in forum Real Estate Ownership and Title, Can a Condo Association Tow You from a Private Parking Space, Guest Ticketed While Parked in Condo Owner's Parking Space, Condo Association Restriction on Tenant Parking, Parking in a Handicapped Space at a Private Condo, Vehicle Towed from Deeded Condo Parking Space, Condo Came With an Assigned Handicapped Parking Space, If this is your first visit please consider. Please drag open the comment box from right bottom corner to make it larger. Keys Gate Community Association Keys Gate Condo Association, KG towed my car because the owner of my rental unit owes them HOA monthly dues. Another interesting point is related to King’s second argument: that the association could not tow his car without complying with the due process rules provided in the bylaws. Customer Support: 1-866-473-2573Sales: 1-866-403-1588. []))), +((!+[]+(!![])+!![]+!![]+!![]+!![]+!![]+!![]+[])+(!+[]+(!![])+!![])+(!+[]+(!![])+!![]+!![]+!![]+!![]+!![]+!![])+(!+[]-(!![]))+(!+[]+(!![])+!![]+!![])+(+!![])+(!+[]+(!![])+!![]+!![]+!![]+!![])+(!+[]+(!![])+!![]+!![])+(+!![]))/+((!+[]+(!![])+!![]+!![]+[])+(!+[]+(!![])-[])+(!+[]+(!![])+!![]+!![]+!![]+!![])+(!+[]+(!![])+!![]+!![]+!![]+!![]+!![])+(!+[]+(!![])+!![])+(!+[]+(!![])+!![])+(!+[]+(!![])+!![]+!![]+!![]+!![]+!![]+!![])+(!+[]+(!![])+!![]+!![]+!![])+(!+[]+(!! Be sure the towing company is required to indemnify your association for its lawbreaking and mistakes. “You need to be absolutely certain whenever you’re towing a vehicle that you’re towing it legally. We also provide tips if you’re entering into a contract with a towing company. However, many condominium’s governing documents do not contain explicit authority to tow, but instead may simply grant the association the authority to promulgate reasonable rules and regulations with regard to the use of the common elements. I received no notification prior or after my cars were towed; I didn't even know what happened until my neighbor told me. “The association has to look at all the towing company’s extra fees,” says White. If the designated space is deeded to the unit owner, then it's not a common area and the HOA has no ability to tow it at all. Is there any case law regarding this matter and is my HOA in violation? What is the procedure to tow? The president of the COA had the car towed without my permission nor contacting me. Read your towing contract to be sure your HOA doesn’t fall victim to that phenomenon. “I’ve seen both—associations that have good policies, and association that don’t,” says McPherson. I notified my landlord that I was going to be out of the country for 20 days. “Often boards will enter into a towing agreement because there are one or two problems—they’re not widespread—and they create bigger problems by entering into these agreements.”, When you do hire a towing company, you’ll need to communicate your towing policy to your owners and visitors. All rights reserved.Privacy Policy / Terms of Use. The association’s rules and regulations included several sections related to vehicles on the property, including rules that required vehicles parked in the complex to be “conventional, full bodied vehicles in good repair,” to have “current tags and stickers,” and the rules provided that “any violation of the vehicle rules can be cause for towing.” In violation of these rules, King was parking his 1979 green Cadillac Seville in the common parking area of his condominium. As far as towing… “It’s important for board members to really think through what you’re trying to accomplish and how big of a problem you have,” says Warren. The association won, and King appealed. The car was not obstructing any other parking spaces nor does the condo complex use tags to designate approved vehicles. New Jersey and California are good examples. The Court of Appeals disagreed with King’s argument that the association was required to comply with the due process provision set forth in his association’s bylaws. We get a lot of pushback from towing companies for that.” But it’s a must.

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