vehicles towed refunding one HO only

Marie:
The most important thing is what your CCRs say about towing. If they do not specify on towing then neither should have been towed and both should be refunded. Our CCRs were amended 20 years ago to disallow parking on the street from 11p to 6a, and even another HO can call a tow truck, not just the board of directors (that is stated in the amendment to the CCRs). It is my understanding, and I know this to be the law in TX--if you rent property, the actual HO is responsible for any repairs, etc., of which you might get a violation letter, and definitely, the HO is responsible to make sure the assessments are paid, even if they get them back from their renter (in Tx anyway). It is also the responsibility of the HO to inform their renters if there is a rule about parking on the street. If the HO informed the renter, then the renter is responsible--just like if you tell someone the speed limit is 55, but they get caught speeding (even in your car)--they are responsible for upholding the laws. Again, though, most assns. put the rules in place to avoid the danger of street parking to playing children and vandalism to vehicles left out--if the rule is that they will be towed, then they will be upset over it, but I bet they will not do it again. If you have no rules, then I guess the board will have to decide what to do. We have had many HOs testing the system and finally, and they were told numerous times in the newsletter about the amendment--a copy was printed in the newsletter; they had an officer start warning and then ticketing before they towed, just so they couldn't say they weren't warned or didn't know it was against the deed restrictions.
EdR

There are specific laws clearly stating how vehicles can be towed out of HOA's in California. See vehicle 22658.1 and 2

Remember, in most California HOA's, when a member rents his home, he turns all membership rights over to the tenant except voting rights. So, you have to treat a renter as if they were a member.

Also, the 9th Circuit Court of Appeals has ruled on towing off private property. See:

http://www.ca9.uscourts.gov/coa/newopinions.nsf/C8C11F773340A91A88256FFC0057DC1A/$file/0355939.pdf?openelement

Also,
from www.patrol-one.com

Cruise and Tow Agreements: Under CVC Section 22658 (1) a towing company cannot tow from an association without the owner or a representative of the association being present except for cases where the violation is within 15 feet of a fire hydrant, in a fire lane, or blocking an access road.Tow companies are not allowed to enforce general parking rules on their own. If they do, the owner of the vehicle in question is entitled to four (4) times the towing/storage fees and any applicable civil penalties.Associations may hire a security or other firm as their agent, and authorize them to represent the association with regard to towing for various violations. This third party arrangement protects vehicle owners from unscrupulous tow companies.Associations may authorize (written) tow companies to tow vehicles from fire lanes, within 15 feet of a fire hydrant, and for blocking access roads.If the tow company tows on its own, from a fire lane, within 15 feet of a fire hydrant, or a vehicle blocking an access road, they must take two photographs, clearly depicting the violation. They must keep one on file, and give the second to the owner of the vehicle or his/her agent.

The Board President can be held reponsible for actions of the management company. I suggest refunding the money to all involved and get a towing policy in place that protects the Board and the members.

Right now there is a bill on the Governor's desk that repeals the part of the vehicle code that strictly pertains to HOA's. If you decide to have a written policy, I would wait to see if he signs or vetos it.

Jerry,

The way I understand it is, if the association maintains the street, they are private streets which the association has the right to make the rules for. No parking on the street, parking after 7PM only, etc.

We are a gated community resulting in the homeowners, through their assessments, maintaining the streets. The Board has made our parking rules and they are enforced by the security company.

If the association is maintaining your streets, then your association has the right to hire a towing company to tow vehicles who are in violation of the rules.

If the city is maintaining them, you would need to go by the city's towing policy.

We have had incidents where the city came in and towed vehicles. All were stolen and then abandoned on our streets.

Again, this is the way I understand it and the way it is done in our association. There might be input from others that do it differently in their associations.

Kathy

California Governor signs AB2210

In part it reads:

(2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement's limited resources.

(A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee,including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner's agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner's agent or employee, and the tenant has verified the violation, requested the tow from that tenant's assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner's agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain within 48 hours of receiving the written authorization to tow a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property

E) (i) General authorization to remove or commence removal of a vehicle at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane,or in a manner which interferes with an entrance to, or exit from,the private property.

SEC. 4. Section 22658.2 of the Vehicle Code is repealed (pertaining to HOA's)

Read all of the bill at:

http://www.leginfo.ca.gov/pub/bill/asm/ab_2201-2250/ab_2210_bill_20060912_enrolled.html