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CeciliaW (Arizona)
Posts: 1
Posted:
Hello, I am a tenant currently renting a condo in Chandler Arizona. Recently one of my cars was towed. I just bought the car from someone and it had no plates. I was awaiting the the plates in the mail. The previous owner had reached their moving permit limit so I was unable to get 1 while I awaited the plates.

My vehicle got tagged while in non-covered spot, I then moved it to my parking spot, it is covered. Our property parking signs do not say anything about not being able to park with inoperable vehicles. Apparently the CC&R's say the following:

Section 4.12 Vehicles. No mobile home, motor home, recreational vehicle, boat, trailer of any kind, truck, camper or tent, or similar vehicle or structure shall be kept, placed, maintained, constructed or repaired, nor shall any motor vehicle be constructed, reconstructed or repaired, upon any portion of the CONDOMINIUM. No automobiles, trucks, motorcycles, motorbikes, scooters or other similar motor vehicles which are abandoned or inoperable shall be kept placed or maintained on the CONDOMINIUM.

Now, this is my first time renting in an HOA. I never received a copy of this booklet from the owner. I have been going back and forth with the HOA and owner about who she reimburse me for what happened. I would have NEVER left my car in my parking spot if I would have known it was going to get towed. I feel that the HOA signs do not express clear reference and the owner should have provided me with clear regulations. My question is the following, who do I pursue this issue with? The owner because regulations and rules were not provided or the HOA because their rules are not clearly expressed on the property signs??

Any help would be greatly appreciated....ASAP. Thank you..God Bless.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Your pretty much screwed.

Saying you didn't know the rules doesn't change anything in an HOA or the law. If you parked that car on the public street, the city would tow it too. You could peruse the issue with your landlord. Who knows, maybe he will discount the rent.

My advice? Drop it. You just earned a life lesson in car registration. Get temp plates!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Cecilla,
I would imagine your lease agreement specifies you have to abide by all the covenants and restrictions that your landlord does. It also should make your actions the responsibility of the Landlord, meaning if you break a covenants the owner is jointly responsible, just the same as any owner that has a guest in their unit, renting or not.

Now the issue of the signage is really no concern for you and the Condo management. That is between you and your landlord, if it is inadequate the owner has to resolve that issue.......not the tenant. You were fined for illegal parking, not because you lived in a particular unit. That doesn't enter into the issue. You were fined because it turns out to be your car, it could be anyone's car.

Now if you feel the owner misrepresented the conditions of the rental agreement or you signed no rental agreement , notify the Management and inform them, then settle any difference between you and the landlord and the condo management can resolve with the owner.
GlenL (Ohio)
Posts: 5,491
Posted:
Cecelia, as others have stated this is unfortunately an expensive lesson for you and I doubt you will be reimbursed by either party. While the covenant may not specifically say anything about license plates it does say: similar motor vehicles which are abandoned or inoperable shall be kept placed or maintained on the CONDOMINIUM.

This doesn't just mean not running it also means unable to be driven which your vehicle clearly was since you couldn't drive it on any public roadway without tags.

Studies show that 5 out of 4 people have problems with fractions
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By RobertR1 on 04/15/2010 11:56 AM

Now if you feel the owner misrepresented the conditions of the rental agreement or you signed no rental agreement , notify the Management and inform them, then settle any difference between you and the landlord and the condo management can resolve with the owner.

I'm just curious why she would need to inform Management that the owner misrepresented the conditions of the rental agreement.

It would seem to me that if the owner misrepresented the conditions of the rental agreement, it would still be between the owner and the renter.

I would definitely try to get a copy of all the rules and regs from the condo, because the owner didn't supply it. I can't imagine that the condo management would not provide that.

But at any rate, to directly answer Cecilla's question, I agree with you that she needs to settle any difference's between her and the landlord (unit owner) with that owner.

It's a shame her car was towed; I would be pretty upset, too.

But it's still between her and her landlord. Don't think the landlord will be very cooperative, but I don't see where the Condo Management needs or should cut her any slack. Unless they just want to do it to be generous. But I doubt that will happen. One never knows though. So she could ask. But I wouldn't expect any reply that would make her happy.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Lesson learned. The absolute first thing that you must do and should have done is to inform the HOA office that you have a car parked on their property. Being a tenant makes them be more aware of your presence and they DO want you to follow all of the rules, know them ornot. Sorry but all HOAs will operate this way. It is the nature of the beast.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Michele,
I made a poor choice of wording and can understand what you are saying.

I meant, if the Owner signed an agreement that falsely attached certain responsibilities to the management (misrepresented). or if there was NO contract signed with the landlord, that the management should be notified. I believe all condos should have an enforceable rental policy and one of the conditions is a signed lease and registration at the condo office. I believe the BOD is responsible to insure the safety and well being of all the owners of the complex and provide a safe and secure environment. They can't do that if they allow renters with no registration of residents in units. When you go to a hotel/hotel, bed and breakfast, you have to register. Our documents even list any granting of the use of the unit to anyone is a rental.
No one has taken issue with this, but it is there and not noticed or enforced. But it makes sense, you have a unit and live off site, and you want your neighbor to come us it, and it is a time share, I would imagine you have to register.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Okay, Robert, thanks.

Keep in mind, the only HOA format of which I am familiar is a single-family, detached residence community. With no "amenities" (other than a retention basin that pretends to be a "lake").

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Michele,
Today wasn't the best day anyway, then I get the news you don't know everything, then it's a steep downhide slide from there and now I can't get the damn retention pond, dressing up every Halloween as a lake, out of my mind. That must be quite a sight. What do you give it when it comes to the door? Little toy kayaks come to mind.

What do you call it, "Lake Lily Pons." You got to be old, to know the name, Lily Pons
MaryA1 (Arizona)
Posts: 7,043
Posted:
Cecilia,

As others have said, you'll have to treat this as a lesson learned. Some assn's are adopting rental agreements that require the property owner to provide copies of the CCRs to all renters. Apparently your HOA is not one
of them! Since you were never given the CCRs and the property owner did not inform you of these rules, IMO, the owner should reimburse you for the towing charge. The HOA was only enforcing the CCRs which is their job -- they did not do anything wrong. Your claim should be against the property owner.
MicheleD (Kentucky)
Posts: 4,491
Posted:
We give it barley straw, what else?

(Susan Boyle - much as I like her - ain't no Lily Pons, but I have to admit I don't get the connection. . . OOOHHH!! Lily Pon(d)s ?? )

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