towing in FL

Started by DaveM3 • 6 replies • 2273 views

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DaveM3 (Florida)
Posts: 4

Posted:

We would like to tow vehicles parked on our roadways at night. We have no provision in our declaration of covenants for towing. Is this a problem? Also the D of C's prohibit overnight parking. Can we define overnight as anytime at night?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Dave,

The Association would have the authority to clarify the term "overnight". This should be done as a resolution. Follow your Associations guideline on how to adopt and/or amend them. You must also make sure it is published to the members.

Any Association that tows vehicles must comply with State and County laws. Check your county ordinances, as typically specific signage and language must be used prior to any towing.

The Association is limited by the power authorized it via the governing documents and State/Federal laws. You may need to adopt a policy on towing. Typically, warnings need to be issued first prior to any towing. You should run this issue by your Association attorney for advise on how to properly implement any towing policy.

Tim

AnnaD2 (Florida)
Posts: 960

Posted:

Dave, if your docs state no parking overnight, then you have the right to tow. BUT.... you have to have it properly posted, by the towing company. I'd make certain that every resident is made aware that towing will be taking place. "Overnight" is so.....vague. Your board needs to establish exactly what "overnight" means. Our association decided to establish the "overnight hours" as the same as our "noise" hours. For us it is after 10:00 p.m. and before 8:00 a.m.

Make sure you're very specific when you draft your towing/overnight rules. We sent our parking/towing policy to everyone after it was put in place. We recently had someone parking three cars on the property overnight; we only allow TWO. We sent TWO violation letters; posted a "towing violation sticker" on their windshield and ALSO personally met with them to explain the parking rules. After that, they parked three cars on the property for four consecutive nights. They just didn't get it.

After the 4th day we had one car towed at 9:00 p.m. Our rules don't state that the car will BE towed between 10:00 and 8:00...just that if they violate the rule a car WILL be towed. I guess they thought someone would stay up all night to watch and call the tow truck during those hours. Nope. They violate....they get towed...we don't have to tell them WHEN.

PeterB1 (Florida)
Posts: 257

Posted:

YES, IT IS A PROBLEM.

On advice of our attorney, we finally gave up on the idea.
FL is full of rules about towing.
Overnight is an undefined term (our attorney asked - does that mean all the time from dusk to dawn?)
All sorts of signs must meet warning requirements.
You need a contract with a towing company.
You won't make any friends.

It just wasn't worth the problems that came with it. We gave up.

peter

MaryA1 (Arizona)
Posts: 388

Posted:

Dave,

I believe you may have authority to tow vehicles but only if your streets are private. Towing on public streets can only be done by the jurisdiction in which the streets are located. At least that is the way it is in AZ. If your streets are pubic you may want to check this out with local authorities.

DaveM3 (Florida)
Posts: 4

Posted:

I appreciate all the comments. I tend to agree with Peter but one board member has a strong desire to shut down a "party" house and feels this is the best way to accomplish it.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Enacting rules or guidelines targeted at one person is not the way to govern the Association. If there is a party house that is causing issues, then the people with the issues should contact the police.

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