Seizing unclaimed trailers?

Started by PeterB9 • 8 replies • 1702 views

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PeterB9 (Virginia)
Posts: 2

Posted:

Hi, we're a 70 lot/55 home community on a lake. Our HOA is 25 years old. We have a common property space assigned for boat and utility trailers. Some trailers have been stored in the common space so long they have trees (seriously) growing up in them. As more houses are built the space is filling up and we want to get our members to register their trailers. We suspect that there are trailers there that don't belong to current members.

My question is: if, after full notice and time to register, we find that there are unclaimed trailers, can we seize them? Auction them off?

Our CC&Rs only note that trailers must be stored in the common space provided, and can only be those of property owners and their guests. We have no other policy regarding this issue.

Any suggestions and thoughts are appreciated.

Thanks!

MarkM31 (Washington)
Posts: 556

Posted:

Probably start with state law
https://www.dmv.virginia.gov/vehicles/#abandoned.asp

Ancient trailers with trees growing up could probably be just junked out. Take pictures, and be aware that you could be liable for it's cost, which in the case of a rusty abandoned boat trailer could be $100.

LarryB13 (Arizona)
Posts: 4,099

Posted:

I would second Mark's advice.

Once upon a time I managed a self-storage facility and had to auction off a few abandoned, cars, boats, and trailers. The sale of cars and trailers was governed by state law regarding motor vehicles and the sale of boats was governed my watercraft laws. It's a little more complicated than trying to auction off unclaimed luggage.

MarkM31 (Washington)
Posts: 556

Posted:

If it's clearly decades old abandoned, just go for.

KerryL1 (California)
Posts: 14,550

Posted:

We have some bicycle storage rooms in our underground garage levels of our high rise and had the same problem with overcrowding. Many bikes had flat tires and were covered with dust. We HAD instituted a registration & sticker program, but some bikes had been here long before that.

Our attorney advise us to advertise that all unregistered bikes would be removed from the room, stored for a couple of weeks and then donated to charity if unclaimed.

Now bikes are a lot easier to move & store than your items, Peter. But you might want to seek your HOA attorney's advice.

Meantime, your Board could initiate a registration & sticker program.

TimB4 (Tennessee)
Posts: 21,059

Posted:

There are specific laws regarding towing which varies by County. There are even more specific laws concerning unclaimed property and what to do with it.

Are the trailers really abandoned or you are simply unable to reach the owners?
Are the trailers properly parked?
Are the trailers in violation of any time limits for being parked?
What methods has the Association utilized to identify the owners of the trailers?
What methods has the Association utilized to contact the owners (and how often)?

If the way the trailers are parked are not violating any covenants or rules, and the board simply claims and disposes of the trailers (sell, scrap, etc.) the Association may be purchasing replacement trailers. If the way the trailers are parked are violating any covenants or rules, the Association needs to follow the Associations enforcement policy.

If the Association determines that the trailers are abandoned but failed to give good faith effort to contact the owners prior to disposing of the trailers, and it turns out the trailer wasn't abandoned, the Association may be purchasing new trailers.

I would say to first review your governing documents. If there is no time limit for how long trailers can be parked, you need to amend the documents to specify a time limit. This can give the Association the authority to take additional steps once that time limit is reached.

I would also suggest, as others have said, that you review the laws and seek a legal opinion on what your legal options are concerning abandoned trailers and what steps must be followed to exercise those options.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Motor vehicles, trailers, and watercraft have state-issued titles and each has a serial number to identify it. In the states that I am familiar with, to lawfully dispose of such a vehicle one must fill out an application and an employee of the DMV must verify the serial number during a personal visit. The DMV then checks its records and tries to contact the last known owner and/or lien-holder. If no owner is found then the state issues a document that allows the vehicle to be sold at auction.

One of the things I learned in the self-storage business is that if you follow the letter of the law in disposing abandoned property there is no potential liability. I know of a self-storage that won a lawsuit over auctioning an abandoned trailer. The original owner had died and the storage facility auctioned the trailer with the blessings of the MVD. Some time after the auction family members came forward claiming that the original owner had been an artist and left thousands of dollars worth of paintings in the trailer. The court ruled in favor of the storage company because they had followed the state's procedures for disposing the abandoned trailer.

No matter how obvious it is that a trailer with a tree growing through it is a piece of junk, follow the rules so no one can claim later that they left grandmother's diamond ring in the storage compartment.

PeterB9 (Virginia)
Posts: 2

Posted:

Thanks to everyone. Great ideas. I already had a call into our attorney, but figured I might tap the wisdom of the crowd on this one.

I did an inventory with pictures of trailers and license plates (only about 1/3 have them) this morning and looked for serial numbers--some were rusted out---but that's a good idea to return to.

We don't want to be "buying trailers"!

Thanks.

Peter

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Larry:

PERFECT

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