New HOA towing policy

Started by RZ • 7 replies • 2924 views

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RZ (Arizona)
Posts: 51

Posted:

A while back I wrote about a resident in my community who won his suit against the our HOA. This was in regards to fines levying on overnight parking. Basically, our HOA rules say they will tow cars parked on the street overnight. Instead of towing, the HOA was levying fines. The Judge said the HOA has to follow its rules.

This has spurred a new towing policy that goes into effect next week.

The new procedure has the HOA issuing parking stickers to residents! They want everyone to put a community sticker in their car window that identifies the car as belonging to a resident living in the community. The new rule is that if a "resident" happens to park overnight on the street, they get a fine, all others get towed. Apparently tow trucks will be roaming our neighborhood in early morning hours.

Anyone out there have a rule similar to this? Does this seem reasonable on first glance? To me it seems over the top and a bit intrusive.

One other question: I would like to see a copy of the contract we signed with the towing company. In general, would a resident have a legal right to have a copy of that?

TishS (Washington)
Posts: 116

Posted:

Are your streets public or private?

BrianB (California)
Posts: 2,820

Posted:

if the contract is between the board and a company, then any owner in the HOA has a right to view the contract, and make a copy/obtain a copy at a reasonable cost (perhaps free, check your state laws).

TimB4 (Tennessee)
Posts: 21,059

Posted:

What about guests? Are the permits limited in number or can each lot have as many as they wish? Sounds like the Association might want to run this by the Attorney.

RZ (Arizona)
Posts: 51

Posted:

They are private. It just seems like a very complicated way to conduct business.

So we are supposed to place stickers in our car window, that way in case we forget and leave our car on the street the tow company snaps a photo of the car? I guess that beats being towed. Then we owners get a fine as the punishment for parking. All the lower class people get towed and have to pay to get thier car out of hock; that in itself becomes thier punishment.

Rentals are allowed in our community, so this poses another issue. I guess rental residents get towed no mater what because they are not homeowners?

I see trouble with such a strange set up!

RZ (Arizona)
Posts: 51

Posted:

SureshD
Posts: 268

Posted:

Can you fully process a [parking] fine without a hearing on the issue with some type of committee?

MaryA1 (Arizona)
Posts: 7,043

Posted:

AZ law requires that a member have the opportunity to meet with the board before a fine can be levied. So a member who parks overnight would first have to receive a violation notice stating he has the right to meet with the board. If he waives this right then a fine can be levied IF he hasn't cured the violation w/i the time stated in the violation notice. In the majority of cases the member will have cured the violation w/i the time stated and a fine will not be levied. IMO, the parking stickers for members may just be a waste of money! Why should a member get a bye on a tow if he/she is violating the parking restriction? In most instances the member isn't going to be penalized at all (see my remarks about fines).

You cannot fine a nonmember or a renter, only a homeowner. IMO, renters should have passes that would have been given to the property owner whom they are renting from.

BTW, have signs been posted throughout the community stating vehicles will be towed for parking overnight? I believe that is AZ law.

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