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TimD4 (North Carolina)
Posts: 2
Posted:
One of our residents has an older vehicle they are trying to sell and its plates are out of date. The HOA is saying they are in violation due to the vehicle's plates being out of date.

My question is how hard can an HOA look at this? Past just checking the color and number on a tag sticker, can the association run license plate numbers? Or have the police run numbers on request? That seems like an invasion of privacy without due cause?

Any opinions would be helpful here, out of curiosity.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By TimD4 on 07/28/2016 4:16 AM
One of our residents has an older vehicle they are trying to sell and its plates are out of date. The HOA is saying they are in violation due to the vehicle's plates being out of date.

My question is how hard can an HOA look at this? Past just checking the color and number on a tag sticker, can the association run license plate numbers? Or have the police run numbers on request? That seems like an invasion of privacy without due cause?

Any opinions would be helpful here, out of curiosity.

It is doubtful your HOA has the ability to run tag numbers. We also have a policy that requires tags and inspection stickers to be current, or they can be towed off the property. As far as having the Police run the tag, it seems like a waste of their time, as well as their budget. But, if your docs have this type of policy concerning tags, then they are within their rights to do what it takes, within reason to carry out their duties.

Now that I have stated the proper way, IMHO, since this person does have the vehicle up for sale, they should give them some slack. If after 3 or 4 weeks and the auto has not been sold, then the Owner should reconsider their options and re-tag the auto, to be in complaisance with the Association. They can always add the price of the new registration into the selling price.
TimB4 (Tennessee)
Posts: 21,059
Posted:
TimD,

If the vehicle is parked on common area (vs. private driveways) you may make a complaint to the police, who may come out and ticket. They will not ticket if the vehicle is on private property. To allow the police to enforce traffic violations on common area, the Board did fill out a form with the local police station.

Realistically, all the Association can do is look at the tag and, if the owner is known, contact the member (as has been done).

There are services out there (do an internet search for search license plates) that can give the owner information to the Board if needed.

I doubt the police will run a check for you.

TimB
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DanaT on 07/28/2016 4:36 AM
Posted By TimD4 on 07/28/2016 4:16 AM
They can always add the price of the new registration into the selling price.

Depending on the State, when the plates are turned in, they may get a refund of the prorated registration.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DanaT on 07/28/2016 4:36 AM

They can always add the price of the new registration into the selling price.

Depending on the State, when the plates are turned in, they may get a refund of the prorated registration.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By TimB4 on 07/28/2016 6:04 AM
TimD,

There are services out there (do an internet search for search license plates) that can give the owner information to the Board if needed.

I doubt the police will run a check for you.

TimB

Tim, your post intrigued me, so I went searching for a program to look up owner information, via their tags. After looking through 12 websites that offered this information, none included any owner information and only 4 gave me the vin as well as the year, make and model. Then I ran across this site.

"You’ve probably already visited several websites promising unlimited license plate look ups delivered instantly, for a low access fee or database subscription fee. What these websites don’t tell you is that they are providing records that have been discarded by state DMV’s as obsolete. Despite what you may have been told or seen advertised, the DMV does not sell current registration records to the public OR to private databases. It is protected information available only to law enforcement and licensed private investigators who demonstrate a need for the information".

Now, I am not saying that there is not a hacking program out there, to gather this information, but I am saying that if there is, I really would not want to get caught, having it installed on my system. We do business with Jiffy Lube and when we fill out our information for their nationwide service, we refused to give any personal information, except the make / model / year and vin. I suspect that these programs that may claim to provide owner information, would come from this type of database. Even carfax, did not provide me with any owner information and I think, they are the biggest pooch on the porch.

If you know of a specific program that will provide this information, I would be grateful if you would send me a link. It would truly come in handy.
SheliaH (Indiana)
Posts: 6,964
Posted:
I don't think the association needs to run plates. Homeowners know they have to keep vehicles in running condition with current tags, so if you see outdated plates, it should be enough to notify the owner and perhaps warn the car will be towed at his/her expense, if your community has that as an option.

This is why our association hired off duty police officers as security officers. They don't patrol the community 24/7, but make regular visits to talk to homeowners who've contacted them, follow up on issues the property manager or the board has brought to their attention, and swing by someone's home when they're out of town just to make sure nothing's amiss Our community documents state we've adopted the city and state laws on traffic, vehicle registration, etc. as community rules all residents must comply with.

We've also said inoperable vehicles and/or those without current tags have to be stored in the garage - since 2/3rds of the community doesn't have garages (we're a townhouse community), those residents have to store the car elsewhere (covering it isn't enough). Our officers will place a sticker on the window asking the homeowner to call to see what's what. The homeowner MUST call - usually, this fixes the problems.

There are some who will simply scrap off the sticker and do nothing else, but have found our officers will follow up if they don't hear anything. If the car still has outdated plates or is inoperable, it gets towed at the owner's expense.

Also, if there are strange cars popping up that don't seem to belong to any resident (tenants at the apartment complex next door did that a lot before the security officers began doing their thing), we notify the officers who can run the plates. They may ask around to see if the car belongs to anyone, but if not, it gets towed.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By DanaT on 07/28/2016 9:10 AM
Posted By TimB4 on 07/28/2016 6:04 AM
TimD,

There are services out there (do an internet search for search license plates) that can give the owner information to the Board if needed.



Tim, your post intrigued me, so I went searching for a program to look up owner information, via their tags. After looking through 12 websites that offered this information, none included any owner information and only 4 gave me the vin as well as the year, make and model.

We typically know who owns the vehicle without trying running checks.

Therefore, I've never used any of those services or tested them. I simply offered an alternative.
The one I tried (using my own license plate) that claimed a free check did say name available and to pay a fee for the report.
I wasn't going to pay a fee to see if the results were accurate or not.

I suppose if you were not in a hurry a Freedom of Information Act (FOIA) request to the DMV may provide results.
TimD4 (North Carolina)
Posts: 2
Posted:
Thank you for the replies everyone. I will have to take these suggestions into consideration.
JanetB2 (Colorado)
Posts: 4,219
Posted:
I would like to know where the HOA has authority to regulate Local or State Laws regarding vehicle tags??? I would be interested in seeing the section of the governing documents supposedly violated.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By JanetB2 on 07/30/2016 10:03 PM
I would like to know where the HOA has authority to regulate Local or State Laws regarding vehicle tags??? I would be interested in seeing the section of the governing documents supposedly violated.

Virginia State Law states that all motorized autos must display currant tags and inspection stickers if parked on public streets or on private property, that can be seen from the public road. Prince William County states the same thing and then adds, unless the car has a cover. Our HOA states that ALL cars / trucks must display current tags and inspection stickers. If you cover your car or not, if it does not meet the HOAs requirements, it can be towed.
PitA
Posts: 1,416
Posted:
If covered and located upon a personal driveway how would you know?

By trespassing and lifting the privately owned cover?

DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By PitA on 07/31/2016 5:05 AM
If covered and located upon a personal driveway how would you know?

By trespassing and lifting the privately owned cover?


Then I guess the situation you describer, would carry a different set of parameters. I am referring to our Condo Association. We have no private driveways.

As far as a Private Driveway, that may depend if your HOA requires you to provide information on cars / trucks. Or what they have in their CCRs about this subject. It could also depend on your Local Laws. Maybe even your State Requirements. Etc, etc.

"As far as the OPs questionne of our residents has an older vehicle they are trying to sell and its plates are out of date. The HOA is saying they are in violation due to the vehicle's plates being out of date".

It seems that this vehicle can clearly be seen, while not trespassing.

"My question is how hard can an HOA look at this? Past just checking the color and number on a tag sticker, can the association run license plate numbers? Or have the police run numbers on request? That seems like an invasion of privacy without due cause?

IMHO, as hard as they need to, to bring compliance. If the tag can be clearly seen and it is expired, then why run the plate? As far as the Association being able to run your tag? Like I said before, IMHO, I really don't think they have the means to do so. As far as having the Police do it, again, why would they need to, if the tag can clearly be seen as expired, then it is expired.

Without knowing what the OPs Law states about having a vehicle with expired tags, sitting in a private driveway, any answer I give, is pure speculation. As far as Virginia Goes, if the Police can see it, private or not, they can write you a ticket.

DanaT (Tennessee)
Posts: 214
Posted:
Sorry about the smiley face above, it was a typo.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By DanaT on 07/31/2016 3:36 AM
Posted By JanetB2 on 07/30/2016 10:03 PM
I would like to know where the HOA has authority to regulate Local or State Laws regarding vehicle tags??? I would be interested in seeing the section of the governing documents supposedly violated.


Virginia State Law states that all motorized autos must display currant tags and inspection stickers if parked on public streets or on private property, that can be seen from the public road. Prince William County states the same thing and then adds, unless the car has a cover. Our HOA states that ALL cars / trucks must display current tags and inspection stickers. If you cover your car or not, if it does not meet the HOAs requirements, it can be towed.

The OP is from North Carolina ... Which means what you stated from Virginia State Law would not apply. Essentially I was asking for the OP to tell me where there has been any violation under their laws or documents. Keep in mind ... all State Laws vary and why we on this site try to keep the posts specific to the Original Posters (OP) state requirements. Also ... keep in mind that a Developer can put anything they want into CCR's; however, anything violating Federal, State, or Local Laws potentially can be null and void. CCR's can state that vehicles must display current tags ... but the question is do they have any LEGAL authority to do anything especially in planned community developments whereby each person owns a lot and their driveway. In some states that is a local authority or police matter to handle and not an HOA issue.
DanaT (Tennessee)
Posts: 214
Posted:
Quote:
Posted By JanetB2 on 08/01/2016 11:51 PM
Posted By DanaT on 07/31/2016 3:36 AM
Posted By JanetB2 on 07/30/2016 10:03 PM
I would like to know where the HOA has authority to regulate Local or State Laws regarding vehicle tags??? I would be interested in seeing the section of the governing documents supposedly violated.


Virginia State Law states that all motorized autos must display currant tags and inspection stickers if parked on public streets or on private property, that can be seen from the public road. Prince William County states the same thing and then adds, unless the car has a cover. Our HOA states that ALL cars / trucks must display current tags and inspection stickers. If you cover your car or not, if it does not meet the HOAs requirements, it can be towed.


The OP is from North Carolina ... Which means what you stated from Virginia State Law would not apply. Essentially I was asking for the OP to tell me where there has been any violation under their laws or documents. Keep in mind ... all State Laws vary and why we on this site try to keep the posts specific to the Original Posters (OP) state requirements. Also ... keep in mind that a Developer can put anything they want into CCR's; however, anything violating Federal, State, or Local Laws potentially can be null and void. CCR's can state that vehicles must display current tags ... but the question is do they have any LEGAL authority to do anything especially in planned community developments whereby each person owns a lot and their driveway. In some states that is a local authority or police matter to handle and not an HOA issue.

"The OP is from North Carolina ... Which means what you stated from Virginia State Law would not apply. Essentially I was asking for the OP to tell me where there has been any violation under their laws or documents".

My apologies, I read your statements as for "For Anyone To Tell You", not just the OP.

"Keep in mind ... all State Laws vary and why we on this site try to keep the posts specific to the Original Posters (OP) state requirements".

Really? We must be looking at two different forums!

"but the question is do they have any LEGAL authority to do anything especially in planned community developments whereby each person owns a lot and their driveway".

You answered your own question. If you break local or State Law, you can still be held accountable, just because you are parked in your driveway, private or not.

In some states that is a local authority or police matter to handle and not an HOA issue.

Just name me one. In fact, just name one State out of the 50, that allows vehicles to operate or be parked while having expired tags, that is within public view, without the ability to receive a ticket, or have it towed.

Now, back to NC Law.

Question: "My car was towed from my apartment complex last night on the grounds of "expired tags." However, the license plate and vehicle or both registered with the State of North Carolina, both completely up to date. The sticker on the license plate itself is expired, but the registration and plates themselves are up to date. My question is this: was the towing legal"?

Answer: "Here is the background. The law makes it illegal to have a car that does not display current tags. The tags have to be displayed. When the tow trucks make their rounds, they can only look at the tags. They do not have the ability to access the state registration database (police can but tow truck operators can't). Because the proper tags were not DISPLAYED the tow was legal and, yes, you have to pay the $100 to get the vehicle. I know that it burns. It's very frustrating. But the tow company is in the right".
PitA
Posts: 1,416
Posted:
Just name me one. In fact, just name one State out of the 50, that allows vehicles to operate or be parked while having expired tags, that is within public view, without the ability to receive a ticket, or have it towed.


All 50 under certain circumstances.

? Ever heard of a car dealer ?

however

The key is PUBLIC VIEW.

Should the HOA's streets be privately owned (whether the community is gated or not) no member of the general public would see said vehicle, therefore ..................

PitA
Posts: 1,416
Posted:
Now, back to NC Law.

Question: "My car was towed from my apartment complex last night on the grounds of "expired tags." However, the license plate and vehicle or both registered with the State of North Carolina, both completely up to date. The sticker on the license plate itself is expired, but the registration and plates themselves are up to date. My question is this: was the towing legal"?

Answer: "Here is the background. The law makes it illegal to have a car that does not display current tags. The tags have to be displayed. When the tow trucks make their rounds, they can only look at the tags. They do not have the ability to access the state registration database (police can but tow truck operators can't). Because the proper tags were not DISPLAYED the tow was legal and, yes, you have to pay the $100 to get the vehicle. I know that it burns. It's very frustrating. But the tow company is in the right".


ditto ..... pay up and be still

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