My question involves a towing by the Condminium HOA:
Dallas, Texas, Collin County:
Condominium Complex HOA: (Under Condominum Act of 1987)
Legally parked, Trucked Towed, rims damaged.
Notice to tow put on fence 3 days before tow occurred. Parking lot to be restriped. I was out of town for 1 week.
Never received notice on door, emailed, or mailed to me.
Complex charged me for towing.
Bill to pay towing fee states the towing company. No HOA lertter head. Just remit amount to HOA. Date of bill is 1 week after tow occurred.
Police have no record of tow. I discovered truck gone. Called the HOA. They told me where it was.
License plate, home phone, address on record in HOA office.
Filed Small Claims against HOA for rim damage and tow fee, HOA did not show, default judgement, HOA appealed to county court.
Since HOA appealed, HOA is now asking for attorney fees. Also, want to move responsible party to Towing Company.
What constitutes notice? (Collin county, Dallas, Texas)
Bylaws do not state rules regarding right to tow.
Complex requested tow, billed me, not towing company, was the HOA acting as an agent of the Towing Company?
Towing Company states they bill the HOA. Towing Company has no idea if HOA bills me or not.
I have not been informed by the HOA or Towing Company if the HOA has an agent contract with the Towing Company. (Acting as Towing Company agent only.)
Who is liable for damage? (Complex or towing company)