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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Car Towed from Private Driveway

    My question involves personal property located in the State of: Florida

    Hello,

    My car was towed a few days ago from our driveway. I live in a gated community and the car was partially blocking the sidewalk (all wheels were on my driveway, but the rear of the car was over the sidewalk).

    The HOA is in a contract with a private towing company. The towing drivers come at night and tow cars they consider to be illegal parked (my car was towed at 12:30 am).

    There was no prior warning for me from the HOA regarding this subject.
    I read the law and yes my car was in violation by blocking the sidewalk. But I wonder if it's legal for the towing company to tow the car from my private property without my consent.

    Your help is very much appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Towed from Private Driveway

    If the community rules provide for the towing of illegally parked vehicles, and you parked illegally, then this is an obvious consequence of your violating the community rules.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Car Towed from Private Driveway

    Quote Quoting Mr. Knowitall
    View Post
    If the community rules provide for the towing of illegally parked vehicles, and you parked illegally, then this is an obvious consequence of your violating the community rules.
    Dear Mr. Knowitall,

    The Covenant and Restrictions document of the HOA does not mention the towing. It says:
    - the developer and/or association, where applicable, after reasonable prior written notice, shall have the right, through its agents and employess, to cure the breach..

    - Non-monetary defaults. In the event of a violation by any owner, other than non-payment of any assessment or other monies, of any provisions of this Declaration, developer or association shall notify the owner of the violation, by written notice.

    Is this enough for the towing company to tow the car from my driveway?

    Thank you

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