CathyM10
Posts: 8
Posts: 8
Posted:
If towing of inoperable vehicles is in bylaws can we have a tow company go onto property and tow a vehicle if we have given ample notice to the owner? Don't want to get arrested or sued for trespassing.
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towing of inoperable vehicles
Started by CathyM10 • 6 replies • 453 views
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CathyA3 (Ohio)
Posts: 6,286
Posts: 6,286
Posted:
We have had abandoned vehicles towed. The inoperable ones were moved after warning notices were posted on the vehicles.
In addition to have the necessary language in your governing docs (which you do), you should have signage at the community's entrance(s) saying that it is a tow-away zone, with contact info for the towing company.
Also, it's a good idea to notify the police if you do have a vehicle towed in case it is reported stolen.
Also can't hurt to have info about this in your newsletter, handbook and on the community's web site, if you have one. Then people can't complain about not having ample warning (some will anyway, but...).
In addition to have the necessary language in your governing docs (which you do), you should have signage at the community's entrance(s) saying that it is a tow-away zone, with contact info for the towing company.
Also, it's a good idea to notify the police if you do have a vehicle towed in case it is reported stolen.
Also can't hurt to have info about this in your newsletter, handbook and on the community's web site, if you have one. Then people can't complain about not having ample warning (some will anyway, but...).
CathyA3 (Ohio)
Posts: 6,286
Posts: 6,286
Posted:
Forgot to mention: we're condos, so everything outside of the units is common elements, which makes this easier to justify. The tow-away language is in our parking restriction in the CC&Rs.
SheliaH (Indiana)
Posts: 6,967
Posts: 6,967
Posted:
Check with your police department or a local towing company. Usually you do need to give some sort of notice (it's only fair). You'll also have to verify who owns the streets in your community. If it's the association, you should be able to work with a towing company.
You're correct in checking what your local laws say. When our community set up a towing policy, we didn't check everything and it blew up in our faces.
You're correct in checking what your local laws say. When our community set up a towing policy, we didn't check everything and it blew up in our faces.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Virginia)
Posts: 20,986
Posts: 20,986
Posted:
There are very specific requirements for towing.
Signage being one of them (with specific language).
Check first.
Additionally, I would not enter private property without a court order except in emergencies (advice from our attorney) regardless what your governing documents allow.
If the vehicle is on common area, that would be different.
If it's on an individuals private property, check with an attorney - in addition to the requirements to tow in your State laws, county codes and city ordinances.
Signage being one of them (with specific language).
Check first.
Additionally, I would not enter private property without a court order except in emergencies (advice from our attorney) regardless what your governing documents allow.
If the vehicle is on common area, that would be different.
If it's on an individuals private property, check with an attorney - in addition to the requirements to tow in your State laws, county codes and city ordinances.
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