Towing in California HOA

Started by KathyS • 8 replies • 1914 views

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KathyS (California)
Posts: 145

Posted:

We live in a HOA with 230 homes. We do not have assigned parking spots. I have a two neighbors that fight constantly. The leaves from your tree fell in my yard, your dog barks too much, your tomato plants are showing over the fence etc etc etc. Recently, one neighbor was having her front lawn redone and had a small trailer parked across the street from the other neighbor's house. That neighbor called our towing company and said the trailer was blocking her driveway. The tow company called our management company and asked for permission to enter the association so they could tow the trailer which the management company gave in writing. When the trailer was towed, a Board member was present. My question is, does a homeowner have the right to have another homeowner's vehicle towed and doesn't have to follow the CA. Vehicle Code?

RichardP13 (California)
Posts: 1,767

Posted:

The violation must be addressed in either your CCRs or Rules and Regulations or both and there MUST be a sign at the entrance to the community stating the Vehicle Code and the name and phone number of the towing company.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KathyS on 07/22/2014 2:43 PM

My question is, does a homeowner have the right to have another homeowner's vehicle towed and doesn't have to follow the CA. Vehicle Code?

Lets see:

Homeowner contacted towing company about vehicle.

Towing company contacted MC for permission (Had the MC said no - the vehicle would not have been towed.)

MC gave written permission (did the MC investigate?)

Towing company arrived and was overseen by a member of the Board.

Gee, it sounds like the Association was the one who towed the vehicle.

KathyS (California)
Posts: 145

Posted:

Richard, yes, we have parking addressed in our CCR's and rules. Signs are posted at the gates. But is a car parked across the street from your driveway, blocking your driveway, when we are allowed to park on park on both sides of the street?

Tim, I agree completely.

RichardP13 (California)
Posts: 1,767

Posted:

A car blocking your driveway is a municipal code violation, punishable by death, I mean towing. A trailer should be identified in your rules for a specific period of time, usually 24 hours. Blocking a driveway is subject to tow, no matter the length of time.

KathyS (California)
Posts: 145

Posted:

Yes, Richard, violating a CC&R or rule should result in death or at least some form of torture until the homeowner agrees they will never do it again.

Our time limit is 72 hours for trailers, boats, cars, trucks parked on the street illegally. I will also correct my prior comment, it was a trailer, not a car. Vehicle code, fire code, municipal code all address blocking a driveway but what where does the car, truck, boat, trailer have to be to be considered blocking a driveway? If a vehicle is parked ACROSS the street, everyone in this association could be calling tow trucks 24 hours a day, 7 days a week.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KathyS on 07/22/2014 5:24 PM

where does the car, truck, boat, trailer have to be to be considered blocking a driveway?

Sounds like a question for the MC or Board who had the vehicle towed.

TimB4 (Tennessee)
Posts: 21,059

Posted:

BTW,

Since this happened to one of your neighbors, unless you have first hand knowledge of the entire story, I'd recommend minimizing what assistance you want to give your neighbor on the issue.

It appears to boil down to what did the MC/Board member observe and when did the observe it?

I would hope that the MC investigated the tow companies request prior to giving authorization. If they did, then what did they see? If they did not investigate, are there procedures to prevent this from occurring? Additionally, what was told to the MC by the tow company (I have a request to tow will you let me in or I have a request to tow a vehicle blocking a driveway will you let me in)?

I would hope that the Board Member had common sense and would have stopped the process if the driveway wasn't blocked. If not, then I go back to was the initial request from the tow company investigated.

Certainly give moral support but I would stay out of (and encourage the Association to stay out of) personality conflicts between neighbors.

EricH10 (Maryland)
Posts: 1

Posted:

Quote:

Posted By RichardP13 on 07/22/2014 5:07 PM
A car blocking your driveway is a municipal code violation, punishable by death, I mean towing. A trailer should be identified in your rules for a specific period of time, usually 24 hours. Blocking a driveway is subject to tow, no matter the length of time.

There are some people who think "parking directly across the street from my driveway" counts as "blocking my driveway". That was how I read the original statement.

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