Enforcing No Overnight Parking

Started by TimT2 • 6 replies • 1837 views

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TimT2 (Missouri)
Posts: 5

Posted:

We have in our by-laws a provision prohibiting overnight parking on the street between midnight and 9am. The trustees shall enforce this by having the vehicle towed.

My question is: Can we legally have the vehicle towed? What if the owner sues us?

Thanks for any feedback.

Our subdivision is in Jefferson County Missouri.

RobW (California)
Posts: 279

Posted:

Unless the state has enacted a statute that removes the authority to tow illegally parked vehicles, your association can tow them. The question that immediately pops into my mind is: why now? Is there a personal feud involved?

On suing: I live in the most litigious sate in the U.S. Anybody can attempt to sue anyone for anything. It doesn't mean they will win. But what we've seen happen here, in my community, is that the person whose car is towed will find something in the documents, in the statutes, or in the association's common practice, that will provide ammunition in a small claims suit. For example:

Were there signs posted on the street, prohibiting parking overnight?

Has the association routinely towed people for this offense?

Did the tow truck damage the car?

Did the person calling the towing company have the authority to have the car towed?

Rob

TimT2 (Missouri)
Posts: 5

Posted:

No personal feud. Most of the times when residents are informed of the bylaw they comply. This time the owner is a big jerk. He will NOT remove his commercial vehicle from the street overnight. It is in our bylaws that parking overnight is prohibited and that the trustees can have the vehicle towed at the owners expense. This guy just says screw you and if you tow my vehicle i'll sue you.

RobW (California)
Posts: 279

Posted:

Let him sue. It doesn't mean he will win. And you can put in a counter claim, just to make things interesting. People routinely threaten to sue - especially when they have no clue. But make sure you have your ducts in a row before you tow him, just in case.

Are there clearly marked signs that prohibit parking overnight?

Has he been warned in writing, so you have a paper trail?

Is the prohibition clearly stated in your bylaws?

Rob

TimT2 (Missouri)
Posts: 5

Posted:

We have NO signs prohibiting overnight parking, just clearly stated in bylaws. We will send a registered letter warning him that if vehicle is not removed that it will be towed.

TimB4 (Tennessee)
Posts: 21,062

Posted:

TimT,

The Association must comply with local towing laws prior to having a vehicle towed. This usually requires a specific sign with specific information. My Association also has the provision to tow. However, unless we comply with our local laws and post specific signs, we can not have them towed.

TimB

RobW (California)
Posts: 279

Posted:

Tim makes a good point. Your bylaws need to mesh with local and state laws when it comes to things like this. Also, you need a towing company that will cooperate with you, and not cave when a homeowner goes tearing down to the company's office and threatens to sue the towing company.

This is a bit different than a towing company having a contract with a municipality, where they have the police to back them up. We've had cars towed that were blocking marked, painted and signed fire lanes, and had the towing company refuse to tow, because they don't want to be threatened by homeowners. We have also had homeowners demand that there vehicles be released, and threaten to sue the towing company, and the company caved, then sent our association the bill.

You need a very clearly defined, exclusive contract with a towing company with HOA experience, and be ready to take huge amounts of flack - to the extent of homeowners whose cars are towed slashing the tires or keying the cars belonging to your directors, trustees, manager, etc.

Take care...

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