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EileenE1 (Florida)
Posts: 9
Posted:
In our documents we have a rule that residents are not allowed to park on the grass at any time and cannot park their cars on the street for overnight parking (2am to 6am) or they risk being towed. We have a sign at our main entrance stating - no parking on the grass and no overnite parking is clearly written in our application that all residents , both owners and renter have to fill out before they are approved. It is also written in every newsletter that is printed and distributed. We have a contract with a towing company and each car that is towed has to be signed for by either a sent fax to the tow compnay or a signed order to tow ticket. As you may well know the people are not happy campers when their car is towed. We have a tow committee who can authorize a tow. We have asked the tow company not to give out the members names for obvious reasons and they have agreed and it has worked out very well for us until recently. Half the people towed do not complain- as they know they have violated the rule and must pay the conquences, the other half do not want to undertsand and their excuses go from, I didn't know, it was only 3am, thats not overnight, I've lived here for x # of years and never did it before, you should have knocked on my door, you should be more community friendly, blah,blah,blah, blah. It is only a very small number that violate the rule,but violation is violation. We now have a resident, who was towed, say that the tow company committed fraud and cut an pasted a signature on the form. My question is simple. This is one of our documented rules and the HOA Board is to up hold rules. We do not want our names given out. How have you handled this?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By EileenE1 on 03/12/2011 7:13 PM
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We do not want our names given out.

I don't understand. You don't want the membership to know who the Board members are?

I'm not sure what you are asking when you post "how would we handle this". What specifically is "this" referring to.

If your asking about the tow company committing fraud: If the Tow company committed fraud and did a cut and paste job then that was illegal and, in my opinion the board should look for a new tow company.

If your asking about confusion in the signage: You might also want to invest in new signs that specify the hours people can't park vs. just the term overnight. This can clarify issues and prevent misunderstandings (like if I park my car on the street between 2am and 3am it can be argued that this wasn't overnight). You should also verify that your Association is in compliance with current signage laws for towing (you probably are but they do change from time to time).

If your asking about enforcement of the regulation: Enforcing regulations is typically the responsibility of the Board. Providing that the Board is following established procedures and complying with State and local laws, this is part of the job they volunteered to do. If the Board doesn't want to perform that function of their duties, then the membership needs to vote in people that will.

Again, what is it exactly you are asking advise about?

Tim

DaveM3 (Florida)
Posts: 4
Posted:
What do you say to residents who park at 2:05 intending to leave at 2:15 and have their cars towed?
SusanW1 (Michigan)
Posts: 5,202
Posted:
The signs should say no stopping, standing or parking . . . that means DON't park there for any reason for any time.

It is not fair for board members to become involved with this process. It is not any one's individusl order - it is in your documents.

It would be nice if the board could move away from any kind of personal dealings with this issue. There is an agreement with the towing company, let them patrol the street and tow when needed.

Tow trucks around here flash brightly colored lights and draw a lot of attention. Surely someone woould take notice, no matter what the time.

Send EACH homeowner a brightly colored flyer reminder, put up new signs, and then let things happen.

(Can you imagine the liability for the HOA if a firetruck or ambulance could not get down the street?)

BarbaraD6 (Florida)
Posts: 347
Posted:
Eileen,

We also ran into that problem, so we had the manager sign the tow tickets ahead of time.Hope it helps.

Barbara

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