Quote:
Posted By JacobF on 07/24/2017 9:28 AM
I am currently dealing with an property management company acting as the HOA which is requesting information regarding my guests, to verify they don't actually live in my residence. I was unaware this is such a rampant problem in my neighborhood of residents parking in guest spots. There is no mention of this authority in the bylaws or CC&R. They are not a law enforcement agency and I am pretty sure they have no legal right to do so as a result. I have spoken with a friend from law school that is a partner at a firm which specializes in HOA and condominium law who will be acting as my co-counsel. He has never heard of a neighborhood doing this. Long story short they are threatening to tow guests who do not provide this information. I was curious if anyone else is experiencing the same thing?
I am going to assume that you are in a condo community. So, YES the HOA managing company can and does act on behalf of the BOD. The HOA can and does enforce parking on their "private property." Typically HOA's ask for owner/ tenant information like vehicle description and plate number. in most cases property owners that contract with a towing company must post the name of the towing company and their address and phone number. Also a bland sign stating "private property" No Trespassing" with the state statute on it satisfies the legal mumbo jumbo.
Is you HOA guarded? do they hand out parking passes? Are "residents" issued a parking sticker? Typically cars cannot be towed unless they are placarded with a tow warning of 48-72 hours.
Because HOA's don't have DMV access to license plate information, and they are not going to call the police for every car that appears to be abandoned, towing it the only alternative.
In short, yes the HOA and the MC acting in local parents for the association has the right and duty to collect such information.