HOA won't provide verbal info in writing

The outdoor parking within my HOA is marked 'Visitor Parking' and the rules state "any vehicle that does not display a visitor permit is subject to towing". I have asked the board, the security company and the association management company about this and they all say this is only enforced from 11PM to 6AM and that a vehicle will not be towed from the visitor parking during the hours of 6AM to 11PM. Furthermore, the culture within our community is that people always are parking vehicles between 6AM and 11PM without a visitor permit.

As I occasionally have guests between 6AM and 11PM who ask, "will my car be towed?" (when I either can't or it is inconvenient to put the permit on their vehicle) I don't know what to tell them. If I tell them no, and their car is towed, then I am liable for their towing costs and vehicle damage as well as the potential of a ruined friendship. If I tell them yes it may be towed, then they have to needlessly park very far away. (FYI, the usage rates in the outdoor parking is seldom above 40 to 50%)

To help protect myself, I asked the association manager and board for something in writing corroborating what they have told me verbally, but they refuse to provide it.

Does anyone have any guidance?

This, exactly.

If someone will tell you something verbally but won't put it in writing then you can't count on it, no matter what the situation is.

The board will vote against disseminating this information in written form. I know them well enough.


No. I have never been busted for refusing to put something in writing which I had told someone verbally.

"As I occasionally have guests between 6AM and 11PM who ask, "will my car be towed?" (when I either can't or it is inconvenient to put the permit on their vehicle) I don't know what to tell them."

Inconvenient? Oh well.

Making less and less sense.

The board has a contract with the towing company, right? Then there should be minutes of a board meeting where it was decided to Designate these particular hours for towing.

The towing company needed this authorization to be stated in its contract. Find the minutes of that meeting Or get a copy of the contract. .There you will have written confirmation of the services provided and for what hours.

I'm sorry, but why am I getting a vibe that half the stuff you bring up seems to be related to something that inconveniences you and/or your friends? Maybe I'm overthinking this, but if this was something that dozens of your neighbors were bringing up, I'd understand your pushing the issue.

Are your friends incapable of understanding the rules? You have a sign and the rule applies to everyone in your building. "A vehicle that doesn't display a visitor permit is subject to towing" sounds pretty clear to me, but there's also something called discretion. If someone is getting into his/her car to leave after 11 pm just as the tow truck is pulling into the parking lot, I wouldn't expect that car to be towed. I don't care if the lot is empty half the time - don't want your car towed, leave by 11 pm, or get a permit. As Kerri noted, it doesn't sound like you've discussed any of this with your board - why not?

Paul, you'd written somewhere that you're fairly familiar with CA HOA statutes and with your own Bylaws. And, as a director, you should be. In both places you'll see that items that are to be on the Board's open meeting agenda must be posted in a public place at your HOA 4 days ahead of the open meeting. This is so that Owners can read the agendas and a decide if they want to attend the Board meeting.

If your agenda items are something that Owners care about, Owners will attend the board meeting and speak up about your topic when the Board holds the statutorily required Open Forum. Open forum is NOT the time/place for your or other owners to offer new ideas except to ask the Board to consider it at a future meeting.

Aren't your open board meeting agendas posted in your HOA? Our PM even send out the agendas to all owners to make it really convenient. I''m also asking again: Why don't you place some of your concerns, with your proposed solutions, on an open meeting agenda. As a director, it's part of your fiduciary duty to contribute to your HOA with initiatives and ideas.

Can you please elaborate. New topics and ideas are routinely brought up during our open forum. Are you saying that new ideas should not be allowed to be brought up during open forum? If so, what section/code states that?

Aren't your open board meeting agendas posted in your HOA? Our PM even send out the agendas to all owners to make it really convenient. I''m also asking again: Why don't you place some of your concerns, with your proposed solutions, on an open meeting agenda. As a director, it's part of your fiduciary duty to contribute to your HOA with initiatives and ideas.