parking violation

Started by AnnieS4 • 5 replies • 1412 views

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AnnieS4 (Florida)
Posts: 29

Posted:

we have implemented in our parking violation here in florida to inforce corrective parking that cars will be towed, however we have a homeowner who states this is illegal. We checked with a property manager and lawyer stating we can to inforce the correct parking. How can we have this homeowner understand this.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Basically I say ignore this one owner or write them a letter saying your association attorney says you are within your right to have improperly parked cars towed or watch for them to challenge you by parking improperly then tow them and let them sue.

Personally, I think an association is opening up Pandora's Box by calling a tow company but that is another subject.

BrianB (California)
Posts: 2,820

Posted:

Dear Homeowner X

We have been informed by legal counsel that there is a proper procedure and process for towing vehicles, which we have set up and intend to follow, see below:

However, we are willing to concede that somewhere, a fact may have been overlooked that would make the towing of a vehicle illegal. In your statement of August 1, 2012, you claimed to have knowledge of such. Please provide to us this information, so we may have our counsel consider it. It would be most helpful if you could provide any or all of the following at your disposal:

State Statute, cited to subpart
Text of said statute
Case names of any court cases you may be using as examples or support of your contention

thank you

GlenL (Ohio)
Posts: 5,491

Posted:

Make sure you follow all state and local ordinances involving towing which the company you select should be well versed in. At a minimum you will need to put up signs, which the towing company should provide, stating that improperly parked cars will be towed and how to recover them.

Studies show that 5 out of 4 people have problems with fractions

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Annie,

It's probably worth the few bucks to have the lawyer write the simple letter and mail it to the property owner. It's certainly more professional in appearance. Your job as an HOA director is to simply ensure HOA rules are followed in a fair manner for all property owners and that minor compliance issues are corrected. The engagement in debates and threats is utterly pointless in regards to an argumentative property owner. The rules are what they are - interpreted in "good faith" and applied.

JimD15 (Florida)
Posts: 21

Posted:

Glen is correct, this is what is required in Florida. You have to be contracted with a towing company and that company will put up signs as to improper parking and where to recover impounded cars. I can't remember whether you can tow at any time or whether you have to give 24 hour notice such as a flyer on a windshield. Your PM should have this information.
Also I don't believe you can tow from a county/city owned street, the street has to be owned by the community.

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