GregoryB (Florida)
Posts: 15
Posts: 15
Posted:
What athority does a board have to tow cars that are parked on common area grass in florida? Our docs dont mention towing but state this is not allowed.
Thanks
Greg
Thanks
Greg
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Common area parking
Started by GregoryB • 5 replies • 1737 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Gregory I don't know what authority FL gives the BOD's but here in OH we just passed a towing resolution for our community allowing us to tow for that specific problem among others. If it is banned in your CC&R's you probably have the authority to tow. While I would run the measure by an attorney before implementing it, you might also contact similar communities around you to see what they do in a similar situation.
Our attorney vetted the language of the towing policy, the BOD passed it and we are in the process of publishing it to the community and allowing 30 days for feedback before implementing the procedures.
Our attorney vetted the language of the towing policy, the BOD passed it and we are in the process of publishing it to the community and allowing 30 days for feedback before implementing the procedures.
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WilliamT (Arizona)
Posts: 489
Posts: 489
Posted:
Also, check with your local police and ask them about towing authority. They can also tell you about ticketing. They will be able to tell you if the law permits towing in your situation.
Then call a local towing company and speak to a manager. Ask them the requirements to set up for towing with them.
We have a contract with a towing company. They require a sign that provides notice of no parking along with the cost of towing/storage and the number to call to retrieve a car. They provide that decal which is placed on an existing no parking sign.
They will contract with you to make random or scheduled passes through your area to tow any cars illegally parked where the signage is clear. There is no cost to the HOA for that. They get paid for the actual towing, by the owner of the car.
With the law behind you, you do not need a towing covenant. You only need a covenant that prohibits parking, and the proper signage. Then you can legally have anyone towed from the property as long as the law permits this.
And as already advised, it is a good idea to also consult with an attorney. But if you have all the information ahead of time, you will cut down on the attorney expense.
Then call a local towing company and speak to a manager. Ask them the requirements to set up for towing with them.
We have a contract with a towing company. They require a sign that provides notice of no parking along with the cost of towing/storage and the number to call to retrieve a car. They provide that decal which is placed on an existing no parking sign.
They will contract with you to make random or scheduled passes through your area to tow any cars illegally parked where the signage is clear. There is no cost to the HOA for that. They get paid for the actual towing, by the owner of the car.
With the law behind you, you do not need a towing covenant. You only need a covenant that prohibits parking, and the proper signage. Then you can legally have anyone towed from the property as long as the law permits this.
And as already advised, it is a good idea to also consult with an attorney. But if you have all the information ahead of time, you will cut down on the attorney expense.
RonaldW (South Carolina)
Posts: 901
Posts: 901
Posted:
Posted By GregoryB on 01/07/2007 6:20 AM
What athority does a board have to tow cars that are parked on common area grass in florida? Our docs dont mention towing but state this is not allowed.
Thanks
Greg
What athority does a board have to tow cars that are parked on common area grass in florida? Our docs dont mention towing but state this is not allowed.
Thanks
Greg
I would think that if the "common area" is the property of the HOA that the HOA can legally prohibit parking on it just as I can prohibit you from parking in my yard. Signs should help. You may also be able to install barriers to keep vehicles off the property.
The advice by others to contact the local police, towing companies, and your board attorney is right on. Do it.
Ron
SC
SC
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Greg:
As stupid as it sounds you may have to install no parking signs and tow signs in that area to be able to legally tow cars away. But again that is where your local police, and a good attorney can help you.
As stupid as it sounds you may have to install no parking signs and tow signs in that area to be able to legally tow cars away. But again that is where your local police, and a good attorney can help you.
MiguelS (Florida)
Posts: 1
Posts: 1
Posted:
Greg,
In order to tow or issue fines, the covenants or deed restrictions have to specifically spell it out, particularly if the streets of the subdivision belong to the County and not to the association. However, if the streets belong to the association, under Florida Statute 720, you can can tow after giving the homeowner a warning and following the stipulation for towing under 720.
In my subdivision, the streets belong to the County of Hillsborough and the covenants don't say anything about fines or towing. However, the covenants do specify that "No motor vehicles shall be parked in the Subdivision except on a paved or concrete driveway or in a garage." What I have been doing is taking violators to mediation after I send them a certified letter warning of impending legal action if they don't correct the violation. Mediation will cost the homeowner $100 and if mediation fails, I will take the homeowner to court. Bottom line is that the covenants say no parking and this is enforceable, may be not by towing or issuing fines but through other means such as mediation and ultimately by going to court if necessary.
In order to tow or issue fines, the covenants or deed restrictions have to specifically spell it out, particularly if the streets of the subdivision belong to the County and not to the association. However, if the streets belong to the association, under Florida Statute 720, you can can tow after giving the homeowner a warning and following the stipulation for towing under 720.
In my subdivision, the streets belong to the County of Hillsborough and the covenants don't say anything about fines or towing. However, the covenants do specify that "No motor vehicles shall be parked in the Subdivision except on a paved or concrete driveway or in a garage." What I have been doing is taking violators to mediation after I send them a certified letter warning of impending legal action if they don't correct the violation. Mediation will cost the homeowner $100 and if mediation fails, I will take the homeowner to court. Bottom line is that the covenants say no parking and this is enforceable, may be not by towing or issuing fines but through other means such as mediation and ultimately by going to court if necessary.
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