Towing Vehicles

I have a question about whether or not a vehicle can be towed in our HOA gated community. We have a renter who is fighting with their neighbors. The renter is parking his car in his driveway but in such a way that is blocking a common walkway. The neighbor of course is in a wheelchair and now has to go around another way to get out. The renter is doing it out of spite and when he was contacted he responded with vulgarity. We the board would like to know if we have the right to have this vehicle towed even though he is in his own designated driveway. Anyone have any ideas for us to get this person to move his car off the walkway.

Each town home has its own driveway in front of the garage. Each home has a garage. There are 4 homes to each building. The middle two homes share a common walkway. He is parked in his driveway in front of the garage. He is so far up on the garage the car touches the door and so close to the grass side of the driveway that the car now blocks the walkway. Does that explain it any better?

Keep thinking of things to explain the situation, I am sorry. Every single walkway feeds into driveways. So you must walk into a driveway to get to the street. Now you may ask, don't they have there own driveway. The answer is yes. Their family lives on the other side so they used to use that way to go because having to go down to the street, which has a large dip, and around is much harder in the wheelchair then just walking straight across walkway to driveway to walkway. And we know for a fact he is doing it out of spite knowing they use that way to get to their family.

KarelleS, I agree with Harold on this.. if your community does not have an ironclad policy in place to effect towing, you are looking at headache (and more).

If I am reading this situation correctly, the renter is parking outside of garage, in away that is blocking a walking path shared between the units. This causes the owner in a wheelchair to have to manuever into the street, or another area (probably grass or curbed) to get to and from their vehicle.

Now here's the thing, you mentioned that the renter places his vehicle right at the garage door, so obviously he is parking as close to structure as possible - and more than likely, said vehicle would not fit in garage with door down (assumption on my part). Is he really the type of person who is doing this deliberately to a person in a wheelchair OR does he just not have a choice because of the size of vehicle and driveway are not necessarily compatible?

If other owners are also parking and blocking the same areas, then you have a much larger issue at hand. If you have clearance on every other property for the walkways then you may have grounds to go after the owner (NOT renter) of the unit in question. I would first look to the governing documents and see what fine structure you have in place and use that to the maximum BEFORE I would even consider towing a vehicle. Make it as "uncomfortable" as possible (as dictated by your governing documents) for the OWNER of the unit (again NOT the renter). If the process is reasonable, and cannot be refuted by, and within any means, of your documents then you are should use that approach. Sometimes you can get a desired result using a grenade, and not a nuke... send letters to the unit owner, advising of the renter's position, and the situation it creates. Then start the escalation of enforcement...

Karelle, do your CC&Rs provide for Rules and Regulations and do the By-laws give the Board the authority to establish them? If so, you can establish a parking rule and a fine structure. Provide this to all owners. Then advise the problem neighbor they are in violation when they park in a manner which prevents the handicapped from ready access to their vehicle. You do not have to tow the car, just get them to park where they are not blocking access.

Our C & R 's are not to clear on this it states "All Motor Vehicles shall be parked only on the driveways which have been developed and designated for parking. The requirements set forth herein relative to parking, all parking shall be subject to reasonable rules and regulations adoted by the association from time to time. No vehile shall be parked on any lot or road right of way" There is more about the vehicles being registered and such. Our board can adopt a reasonable towing proceedure when persons are not complying by notification of letter, phone calls and personnel visits. Or would this cover us towing him.

I want to thank you all for your help because we have sent letters to both owner and renter, made phone calls to both and personnel visit to renter which ended up with him using vulgarity and closeing the door in our faces.

My normal response would be to skip the risk of getting involved personally and just take legal action. But this seems so petty. I can’t believe someone feels they have to retaliate against a disabled person.
Since it is a renter who is causing the problem, have you tried talking with the owner? Is anyone in the neighborhood on good terms with the renter who may have some moral influence?
I understand this is a personal disagreement, but it seems so small to take advantage of a person's disability. What kind of low-life would do that?

Does your county have jurisdiction? I know what I would do if I was involved. My wife is handicaped (legally). I would put up a handicap sign in the window of my unit, at the entrance to my driveway and the waalking area that is being blocked. If he parked to restrict her egress or entrance on any common property, I would notify the Board and request that the county police be called and directed to enforce the Handicap Law. At that point the violator of the law becomes an offical Board responsibility and if he does not obey the law, the county may cite him and the Board.
This is a very strong law and accommendations MUST be made for Handicap people, as I see it, that is your real problem.

I would think the rights of the wheelchair bound person would prevail. The commons areas must be available to disabled persons. I would call Fair Housing Accessibility FIRST to find out their recommendation.

We have a similar argument in our community. The community is actually private property, including the streets. When the builder installed a 2% ratio of accessible parking, the BoD told the tow company to disregard parkers with no credentials, andonly enforce the spot at the pool. I was told by FHA1 that even though we were initially required to provide parking on private land, once it was decided and installed, the BoD is in violation because the parking cannot be removed. I'm taking that complaint to the South Carolina Department of Human Affairs. Depends, too, if the community was built after 1991.

We are in single family attached. But we called Fair Housing Accessible First, and were told if the developer decided to place it, it could not be removed as it was built after 1991. So who do you really go to to judge? All anyone wants is the real answer...

And, again, if you are willing to honor the accessible parking at the pool and other amenities, why not honor it in front of housing with no assigned parking? Where are those people to park if visiting?

SusanJ3 the way that the law reads, and is generally interpreted is that reasonable does not mean at the expense of another group. The other group would be those who are not disabled/handicapped. When you have a common element, accessibility is based on the probability that of the multiple users, there maybe use by a disabled/handicapped person. Generally, parking in a residential area is NOT considered under this law - because it takes away an element from the greater population for the sake of a smaller group. I do not believe that the owner could state his driveway was handicap parking as it is private property, it flows with who ever owns it, and is used for whatever they deem appropriate within the confines of the gov/doc's.

I agree with MikeS that there must be something in the doc's which precludes a resident from blocking that area - that would apply whether the resident blocked (wheelchair or not) would have rights to access. While the wheelchair resident does add a "spice" to the mix, it should be about the issue of blocking, not handicap.

Guy is a jerk (renter) and the owner should deal with him in an appropriate manner. Every lease has a end date, he doesn't have to lease to him for another year, etc. Much as it pains me to say it, it might be a good idea to wait the guy out, lease expires, and force him to move out. Still would have to deal with the petty crap until then - but there would be an end in sight.

Jadedone,
The concerned property is common, much like a public street, only it is restricted to a small community. Like a small town. This handicap person is part of this restricted community. Nothing exempts the community not to adhere to Goverment and State Laws as applicable. In SC in my Private Gated Community alterations to Beach Parking, Community Parking, Private Business parking and facilities all come under Laws for the Handicaped. If this man is blocking a common walkway, designed and built to be a common walkway, not unlike he would park on the street or sidewalk in a town that doesn't have a no parking sign visable there, you cannot impede the flow of traffic. The placement of a Handicap Sign is legal and enforceable, and if your community has an ordenience that obstructs Handicap folks from the use of common facilities and common property you are subject to lawsuits. Even if this man was blocking the common space and the handicap person was a renter, he is subject to the law.
I am presently trying to work up support to have all units in our condo that house the handicaped be required to have a small handicap sign placed visably in the window of each unit and another to be visable in their assigned parking space. The reason for the one in the parking space is
obvious, the one in the unit window would notify emergency personnel that they may have to provide special equipment when responding.
To me, this is all a no brainer.
As far as this dude and his actions, I would believe a visit from the local police might help along with putting the responsibility where it belongs for enforcement and that is the owner of the unit. Fines are appropriate and the excuse "what am I going to do, I'm not there all the time", is not an excuse, it is a cop out.

Roger, the problem neighbor is a renter, not an owner. The association has no official dealings with this person, only the owner, ond only the owner could be fined by the association.

On the other hand, as some have mentioned, the association or the handicapped person could involve the police or any government agency charged with protecting the rights of the handicapped and I believe this is the path to take. Photographs of the parked vehicle and the person having to detour in the wheelchair would help.

Susan, you are a member of the association and you have invested a considerable sum in your home and community. Why not jump to the positive side and work to make it a better community? Volunteer for committees, run for office, attend meetings, etc.? No sense living there and being miserable.

Susan,
I am from near Beaufort in a resort area.
Arbitration is not where you want to settle a parking problem.
Go to the search section of this site home page, upper right.
I have a lot of stuff I posted about my erperiences with SC, best you read them. Put in RobertR1
I know exactly what is behind your discontent and that is absentee owners and you find yourselve trying to handle what amounts to the responsibilities of those owners. It is a hell of a problem in resort areas and now is spreading all over from Reno to Maine to Texas to the west coast. SC does little for it's citizens that have to content with this problem, in fact, there is short term monetary advantages to having scads of absentee owners, 4% vrs 6% property tax rate for one. Our condo is nearly 80 % absentee owwners, probably 70% rent, and out of 65 units we have 6 live here full time. Our boards have historically been absentee owners, hold teleconference board meeting (closed) and have yet to abide by our documents that require signed leases be registered at Regime office and we have during the summer renters all over the place. I believe we are finally changing the tide by changing the board and hopefully make some business sense out of all this. We are on Ocean and it is a beautiful spot and the condos are in pretty good shape, but we are far from operating a strong viable business.
In arbitration, by definition, you are required to give up something.
Better to try and get things done the right way than to compromise for half a right. You need support and organization, it takes a long time to work change in your position and it will occur in baby steps.

Interesting that you bring up the 4% vs 6%. I own three properties in MB, and I cannot get the 4% even on the one I live in fulltime because I don't have a SC driver's license and cannot get one for a year. What if you just don't drive? I just got back from Conway after having a discussion with the assessor's office. Both my husband and I have out of state licenses and will for that year because of restrictions on his company cars. I was astounded at the logic.

I woldn't want to go to arbitration for anything and I wouldn't for towing. I'm sorry that I brought up the subject under a wrong heading. What we need is for someone to recognize a defect in our property (standing water) that can be corrected with a poured concrete patio. The BoD is refusing our request.

I'll look up your posts. I understand on ocean and many of those buildings are sold for the purposes of investor rentals. Our community ended up with absentee owners who never really intended to become landlords at all. At the time of their purchases, they had intended to flip the contracts. Suddenly, the company decided to stop that practice and held people to their contracts. Market changed and people ended up in the rental business never having intended to...

SusanJ3

Here is a quote I frequently use at our HOA meetings, to those (homeowners) who have a lot to say, but don’t have any solutions. For those who are or were board members you can certainly relate to this quote.

“IF YOU AREN’T PART OF THE SOLUTION, THEN YOU ARE PART OF THE PROBLEM” It’s not entirely true, however announcing that does make those present think twice before speaking out on foolishness.

It may not be ethical or moral, but it works and our committees have grown considerably.

Chuck W.

Susan, now I'm really confused. You stated that you used to be on the "ARCH committee ". You should certainly be familiar with the process for approval of a patio and you should be able to find the reason that your request was not approved. What would have been your decision on a request to build a pattio when you were on that committe?

Carolina Coastal University students. A number of parents bought units vs. pay dorm fees, and then they rent a room to another....

Our president is on record as saying this community was "meant to be an empty nester community..." Renters in the community have been abused to the point of them moving and the owner putting the unit up for sale. On had an events planning business and was cited for storing hiost tents in the garage. But the guy who OWNS and stores the ladders from his painting business wasn't cited. They guy who owns and who has his pizza business advertised onthe side of his truck hasn't been bothered, but the tent guy couldn't bring his "commercial" wehicle into the community.

Our BoD is the good ole boy system at work.

I am sur that people will become more involved, but they don't hold meetings at a time when most people can attend. Just retirees such as themselves. The President says whe he wants and everyone votes for it, or abstains.

I think that is true of every state. Our cars are through my husband's company so we will be maintaining our TN DLs until the change in a year.

I believe state law overides your husband's company policy. You could be caught and fined. Also, you are missing the SC tax break for owner occupied property.

Gather support and run for office. Get some others to do the same.

As for "retirees", I am one. Often, retirees are the only people who will devote the time and effort necessary to run an HOA.

It's a thinly disguised effort to not look as if they are discriminating against a homeowner. It's such a shame as our sister community in Pawley's Island is beautiful, but not because of the builder. It is because homeowners were willing to put extra money into patios, landscaping, sunrooms and the like. We won't be able to, and I hate that others are being denied an opportunity because the BoD wants to be at loggerheads with one woman.

I have photos of what I want to construct, what the builder offered, and photos of the aforementioned community. The effect is very charming. I would use exotic plantings to enhance the area. Anything would be better than what I have - standing water, odor, mosquitoes... We did pass it in the ARC Committee.

The HOA is responsible for out lawncare and the like. Could they be held responsible to fix a drainage problem?

Susan,
Check with your tax office and ask exactly what you need and establich a date that sets your required time needed to qualify for home Setter tax breaks, also get a voting card and a SC license, you can have a license in fifty states if you want them. You own property, you live in it, you drive on the streets. They could arrest half the people in SC if they enforced not registering your car. Some neighbor might rat you out so it is just not worth the hazzle. Just do what the state requires and make sure the dates you use to establish residence is one that may cause you to wait another period of time.

Tis true. I was at the MVA today and they told me it isn't a two state system. I think that I have always had to surrender...