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TonyL8 (Virginia)
Posts: 2
Posted:
I am a condo owner in northern VA and was recently informed by the HOA management a few hours before a parking lot resurfacing project was to begin that my tenant’s vehicles had to be moved off the property or they would be towed. The HOA mgmt only notified the owners and not the tenants, saying it was the owners responsibility to communicate with the tenants, even though in most cases, the management is fully aware of the contact information for each tenant. By the time I saw the email notice my tenant’s vehicles were already towed across the street to a private parking lot. My tenants are traveling on vacation overseas so even if they had received the notice they would not have been able to move their cars and prevent them from being towed. A few days later the HOA mgmt notified the owners that the vehicles that were towed to the parking lot needed to be removed from the parking lot or risk being impounded. As my tenants are overseas I had to arrange towing of their vehicles back to the condo parking lot so that my tenants would not incur a large impoundment and storage fee.

At this point the HOA says that I am required to pay for the towing.

I believe that receiving just a few hours notice prior to the parking lot resurfacing project is unreasonable. Luckily for my tenants I was still in town to assure that their cars were safely returned. Had I been on vacation their cars would be in an impoundment lot right now racking up thousand of dollars of fees as they are out of the country until mid August.
Anyways- what do you all think would have been reasonable notice? And should the HOA reimburse me for costs I incurred in arranging towing of my tenants vehicles?

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TonyL8 on 07/20/2023 3:28 PM
Anyways- what do you all think would have been reasonable notice? And should the HOA reimburse me for costs I incurred in arranging towing of my tenants vehicles?
Things to keep in mind --

-- someone is going to have to pay the towing bill. It's either you or your fellow owners, divided evenly among all of them.

-- your condo association is a nonprofit, typically with a tight budget that is an absolute nightmare for a volunteer board to oversee. Condo associations are not like retail corporate America; not one bit. The COA may have little interest in maintaining a good relationship with you. This is because a good relationship with you is a lower priority than staying within the nonprofit's. budget.

-- If the HOA and you disagree about what was reasonable here, then sure, off you all can go to court. But the cost and hassle to you will likely exceed the cost of just paying the towing fee.

-- I would be curious to hear the HOA's side of this. Did they really give owners just a few hours notice?

-- If I were you, then I would just pay the towing bill. Chalk this up to the price of being a landlord in a condo association.
LetA (Nevada)
Posts: 2,679
Posted:
In a Perfect world, the HOA was well aware of the parking lot being resurfaced, at least 90 days they knew. The HOA should have communicated this along the way. 90, 60, 30 one week.
Resurfacing is usually completed is phases as not not up end the entire apple cart. In my past experience, both home and work no cars are towed off property. Cars are towed to another location on the property.

If the people can without a doubt no proper prior notice was given, the HOA should eat the towing charges.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, it WAS the owners' responsibility to let the tenants know what was happening. In my community, we have a lot of tenants and we usually put such notices at the door, so whoever lives there should read it and pay attention. As for your tenants, it would have helped if they made arrangements with a neighbor or you to address emergencies and get messages to them, especially if they're going to be away from home for an extended period. It doesn't matter if they're in another state or country.

Regarding reasonable notice, that's subjective. For some people, you can tell them the day of, others need two weeks notice. You don't say when you got the notice and frankly, I doubt it was "a few hours before the trucks showed up. If you didn't read your emails in a timely manner, that's on you (I say this, knowing I have to clean out my emails! Fortunately, most of it is junk mail)

Sorry, but you'll have to consider this an expensive lesson for you AND your tenants. Personally, I think your tenants should reimburse YOU these costs -I assume they have a designated spot in the parking lot for their cars (some of our units don't have garages so the parking lots designate one space for each unit). However, they'd be responsible if they parked in another person's space without permission or in front of a fire hydrant, so it was on them to make arrangements for someone to look after the car or move it to a secured location while they were gone. Whether they reimburse you or not is between you two and not a HOA issue.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TonyL8 (Virginia)
Posts: 2
Posted:
Notice by the mgmt was poorly executed. Many owners received notice after their cars or their tenant’s cars were towed across the street. The first notice I received was a few hours before my tenants cars were towed but I did not see that email until later in the day. In my first notice I was told that I needed to move the cars to another section of the private parking lot or the cars may be impounded so I didn’t actually receive any advance notice of the parking lot improvement project.
I presented the facts as I experienced them and requested advice. Two responses to my post cast doubt on my assertion that the mgmt was unreasonably late, but they were. Admittedly it is rather unbelievable. Even if the tenant had made provisions for emergency assistance regarding their vehicles, the mgmt never notified them, their cars would have been towed and then impounded had I not intervened to prevent that outcome. At this point the board is considering whether or not to reimburse me. Some board members definitely agree with my view that the mgmt mismanaged this situation and that they should reimburse me. Many condo owners are seriously concerned about the competency of the mgmt company.
JamesB37 (California)
Posts: 351
Posted:
Tony - does your HOA have any sort of rule regarding a time frame on how long a vehicle can remain parked without being moved? For example, on our private streets, there is a 72-hour limit before being subject to a ticket/tow.
LetA (Nevada)
Posts: 2,679
Posted:
Our HOA communicates with both Owners and renters, Newsletters, community rules, complaints, community happenings. The only items not discussed with renters are private matters
like billing, fines and summoned to hearings.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Our Association used flyers that went to every door about a month out.
We then said it again a few days before.
We also posted a sign at the front entrance that paving would be happening on mm/dd (but not all the details).

That said, many Associations have gone electronic (email, websites, etc.) only for this type of information.
If I was renting, I would certainly inform my tenants.

The Association only has action against it's members.
Members are typically responsible for the actions of their tenants and guests.
Pass on the towing costs to the tenants or absorb them yourself, those would be your choices.

I don't think it's the Associations responsibility to absorb the cost of the towing.

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