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  1. #1

    Default Vehicle Towing

    My question involves a consumer law issue in the State of Maryland:
    I live n a townhouse community in Maryland. Each home has 2 reserve parking spaces. This past weekend we had 83 inches of snow. All home owners are responsible for shoveling the snow on their property and around their cars. The Home Owner's Association (HOA) is responsible for the common areas to include the common area side walks. I made a clearance for my vehicles to get out but the HOA continued to push the snow in front of my vehicle (1/4''). As a result I had no choice but to move my vehicle 1/4" over to the left which ran into the neighbor’s parking space. I was in this spot during both storm and cleared the area. The neighbor had full knowledge as her family park in my parking space for years without me complaining despite them not asking for permission. The HOA did not clear the common area/side walk which is next to my parking space which they piled snow where I had to move over the 1/4". The HOA and the President rented bobcats to help with the removal of snow. The President made sure the bobcats removed the snow from her area and refused to remove for the other residence including where they blocked me in 1/4". I informed the neighbor that I would like to keep my car their to have a clearance of which she and the board failed to clear the common areas and that their was no clearance for my clients to bring the babies (Day Care) without injuring themselves. Because I was unable to move my vehicle over the 1/4" the neighbor had my vehicle towed without giving me notice. The towing company stated the HOA management company called but the Property Manager assured it was not them and it was the neighbor that called. This means she used the management company’s name. I confronted the neighbor asking what the problem is and she advised me that she is going through things and didn’t agree with a decision I made five years ago.

    Do the HOA have legal responsibility to ensure the common areas/side walks are clear of snow? What can I do to have her reimburse me for the funds I had to retrieve my car from the towing company?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Vehicle Towing

    This is over a quarter of an inch? Presumably you have made an error in describing the distances involved.

    It's not the HOA's fault that your neighbor called for a tow pretending to be them. It's unfortunate that your neighbor wouldn't "return the favor" on your letting them park in your space, but they aren't obligated to do so.

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