My question involves a vehicle tow in the state of: California
I am a homeowner in an HOA and my car was towed from the community. What I'm trying to figure out if who is responsible and if there is any potential criminal behavior, and do I have any recourse.
To start I was in violation of HOA guidelines on parking. However, this was my first offense. The HOA guidelines specifically state that I am to receive a warning for a first offense, and a fine of $100 for each subsequent offense. There is nowhere in the rules which state a homeowner will be towed. Our vehicles are registered with the HOA, so the vehicle was towed knowing full well that I was a resident in the community and that I lived less than 50 feet away. As an added measure, my vehicle was displaying a visitors parking placard in case it was not known that this was my vehicle.
The person who signs the tow authorization form is on the Board of Directors. He causes on average 2-3 cars to be towed in a given week over the past 2-3 years. The tow company has no documentation that he is authorized agent for the HOA. They take his word for it and take vehicles. They want to hide behind the authorization form, as a release of their liability.
I have read and re-read and read once more CA Veh Code 22658 and the tow seems to be a violation of 22658(a)(1). There are two entrances to the community and only one entrance bears a sign indicating that unauthorized vehicles will be towed. This sign bears the name and number for Tow Company A, yet Tow Company Z is removing vehicles.
I have sent a letter to the HOA in accorance of 22658(e)(1) demanding double my money back. Do I instead send this to the tow company? If I am right who do I take to small claims?
I'm wondering if I have any other recourse since the tow violated both CA Veh Code 22658 and the HOA guidelines on parking and parking enforcement.
Does this seem predatory or like something that can be prosecuted criminally?