Am I authorized to have vehicles towed?

Hello Folks, glad I found this place.

Here's the scoop. My townhome complex has Guest Parking only. Residents are required to park in their garages only, with the exception of 9 spaces alloted for "paid reserved parking". I pay for one of the spaces, which is $50 a month. It became apparent right away that most of the vehicles parked in guest parking were owned by residents. I complained to the management company, and provided a string of documentation by email and telephone calls, including daily pictures. The "security guard" has refused to do his job for fear of retribution.

The management company has since given me written authorization to place warning stickers on cars and authorize them to be towed. My name is on the list of approved people on the tow company's list of representatives, and I have a letter on the management company's letterhead as well. They also issued me a stack of bright orange warning stickers. I have kept all of my emails and even the envelope the stickers came in by mail.

I have now been threatened with a lawsuit by another resident. They claim I have no authority whatsoever to have their vehicles towed, and that the management company can't give it to me. Naturally, they are unhappy that it is 3 of their vehicles that I have stickered. i have called for tow on one of them several times, but they move it every time the tow truck shows up until he leaves. They claim what I am doing is harassment.

Who is right here? Any knowledgeable input would be appreciated.

Thanks!

Are they parking in your spot or in the other unassigned spots? I'm not quite clear on which it is. If you rent the spot, it - and the others that are rented - should be marked as such and no one should be parking in them, of course. But if residents are parking in other guest spots your actions are a good way to start and perpetuate neighborhood feuds.

Let the management company deal with it unless it's your spot. If someone parked in your driveway you'd call a tow truck, but if someone parked in your neighbor's driveway it wouldn't be your place.

Typically ByLaws state only the President has signature authority on behalf of the Corp.

If this is true in your case No One can bestow this power to you unless the ByLaws are changed.

Mathew, you stated the management company gave you written authorization but you need authorization from the Board of Directors which states explicitly what you are authorized to do. Also, you need to check and make sure the association's D&O insurance would cover your actions in case of a suit. I think the Board does have the authority to give the authorization; and I know many owners threaten who do not walk their talk. Nevertheless, it doesn't assure that an irrate owner will not physically attack you.

I live in a HOA in a very similar situation. I even live in California, too.

You shouldn't worry.

Your situation has two parts: (1) placing stickers and notices and (2) authorizing tows.

In California, the law is silent on #1 so that doesn't matter. If somebody gave you stickers, notices and an authorization letter, you're good to go.

For #2, the DMV says that an "agent" of the HOA needs to sign for the tow. By definition, Directors are agents of the HOA. The management company is an agent, too; part of managing the property is dealing with parking issues. A security company, if contracted with, is an agent of the HOA. Even the gardener is an agent of the HOA. But can an agent delegate its authority?

There's a pretty strong case to be made that, since a management company is directly responsible for the property and parking, that it can deputize homeowners with the same authority. The management company has given you a letter that authorizes you as their agent so an agent of an agent of the HOA is also an agent of the HOA.

Even so, you have prima facie evidence (the letter) that you are authorized. It is your irate neighbor's responsibility to prove that you are not authorized. You don't have to prove anything; he has to prove it all. Until he proves it to the Board, the management company or a judge and they take action, you are authorized.

But, as others say, it wouldn't hurt to get authorization directly from the Board.

It is not harassment. They are parking illegally (regardless of their nitpickiness over authority) and you are carrying out a duty.

I think that your irate neighbor is blowing smoke, just making up stuff to try to get out of it. Nothing new.