Towing situation

In December we implemented a parking policy. Residents get 2 passes per unit and they must be displayed between the hours of 11PM-7AM 7 days a week. So far we have had 2 incidents in which residents have blocked the tow truck company from moving. In December, one resident physically stood in front our exit gate and the police had to be called. Our HOA Attorney sent the homeowner a letter informing him that it is against our By-Laws to interfere or interrupt a vendor that has been hired by the BOD to conduct business. The second incident occurred over the weekend with a resident whose wife had bad been previously towed. He pulled in front of the tow truck driver repeatedly pumping his brakes and then speeding up. The resident then blocked the tow truck and as a result, the tow truck driver ran over a very small piece of concrete island to get away from the resident.

Here is the issue; A resident sent the Board an email demanding that we implement a policy that will ensure that when residents get into altercations with the tow truck company someone is outside to witness the situation. She like many residents think that all tow truck companies are liars and grimy How should I address her demand. It is impossible to monitor resident's behavior and I don't think it is the BODs responsibility to monitor the behavior of residents who seem to be making bad decisions. The only procedure we have in place now is that if an incident occurs, the resident should contact the board. we get both sides of the story and if need be we call an executive session after our monthly board meetings. Do you think this is enough? How should the address her demand without being rude. I still can;t get over that she thinks that the BOD should be on call to witness these types of things!

Marcus

There are two separate issues here. The first one is the political power struggle in your association. We have no way of knowing what it's about, but since this is a new policy, not even 3 months old, I'm guessing (Call it a gut feeling.) that it doesn't have widespread community support. What prompted it, and how far is your association willing to go in the war that seems to be brewing? Is it worth it? Or is it simply a power trip on the part of some board members? Either way, here's my advice: Don't get homeowners involved in altercations between tow truck drivers and other homeowners. Next time it might not be just some concrete that's damaged.

The second issue is much more serious, and that is that - taking the story at face value - some of your homeowners are willing to risk property and physical injury in vigilante behavior, and that is not an association problem - it is a matter of the police. The tow truck driver needs to call the police the next time this happens, and trust me, it happens to them all the time. Once the police sort these incidents out, your association can consider whether breaking the law within your complex is also breaking your rules or covenants (it usually is) and levy fines against these wackos.

One last thing: I have never seen an association win one of these parking/towing wars. You may win the battle, and people will stop parking illegally, and then your board members' cars will get keyed, or their tires slashed, with no witnesses, and no way to prove who did it, and the war will go on.

Rob

Hi Rob:

We (Board) created the parking policy for several reasons. we are a small gated condo community. It's new construction and is almost completely sold out. The county only allotted 1.5 parking spaces per unit and that is what the developer built for us. Many of our residents have 3 or more cars and we felt that at least between the hours of 11PM-7AM, every resident should be able to get a parking space close to their respective buildings during the night time hours. Before 11PM, resident can park anywhere and have as many guest as they like, but at 11PM, permits have to be displayed.

The second reason was to help collect condo fees from delinquent homeowners. It has actually helped both HOAs (There are 4 buildings and they are split into 2 separate HOAs)recover delinquent fees. Those residents who are 45 days or more late, have to park outside of the development.