JohnD26 (Virginia)
Posts: 2
Posts: 2
Posted:
DO I HAVE A CASE:
My family owns 3 vehicles. We have always parked one in the garage and 2 in the drive way for over 6 years. The 3rd vehicle sticks out in the sidewalk a little just like most homeowners in the subdivision. Fairfax Patrol cars have always parked near our units without any hint or warning of our parking. Our HOA is well known for giving written warning about any violation, including one I received almost 3 years ago for expired inspection sticker on my vehicle. At the time, I thought that was a stretch or over reaching their bound but I appreciated the warning because I missed it. Then, one morning, we woke up thinking that our vehicle had been stolen from our driveway. We called the police to report the vehicle stolen and to our amazement, we were told that the vehicle was towed by a contracting tow company, under the authority of our HOA. The board had made the decision few weeks earlier, and without informing the members, decided that they would commencement implementation. Interestingly, my vehicle was parked like many others in the subdivision. Several of those were in driveways before my unit and couple of them were situated after mine. I guess I won the lottery. A month later, our HOA sent out their debut newsletter, informing members of this new policy that had been enacted by the board. i plan on taking this to small claims court NOT because of the amount ($135) but because of the injustice. I figure that their spending that much or more on legal fees will satisfy me a little but victory in court will send a message that HOA should not be preying on hard working invididuals by enforcing vigilante law. Would I have a case?
My family owns 3 vehicles. We have always parked one in the garage and 2 in the drive way for over 6 years. The 3rd vehicle sticks out in the sidewalk a little just like most homeowners in the subdivision. Fairfax Patrol cars have always parked near our units without any hint or warning of our parking. Our HOA is well known for giving written warning about any violation, including one I received almost 3 years ago for expired inspection sticker on my vehicle. At the time, I thought that was a stretch or over reaching their bound but I appreciated the warning because I missed it. Then, one morning, we woke up thinking that our vehicle had been stolen from our driveway. We called the police to report the vehicle stolen and to our amazement, we were told that the vehicle was towed by a contracting tow company, under the authority of our HOA. The board had made the decision few weeks earlier, and without informing the members, decided that they would commencement implementation. Interestingly, my vehicle was parked like many others in the subdivision. Several of those were in driveways before my unit and couple of them were situated after mine. I guess I won the lottery. A month later, our HOA sent out their debut newsletter, informing members of this new policy that had been enacted by the board. i plan on taking this to small claims court NOT because of the amount ($135) but because of the injustice. I figure that their spending that much or more on legal fees will satisfy me a little but victory in court will send a message that HOA should not be preying on hard working invididuals by enforcing vigilante law. Would I have a case?