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  1. #1
    Join Date
    Jun 2007
    Location
    Phoenix Arizona
    Posts
    1

    Default Condo Homeowner Had My Car Towed, Against Bylaws.



    I am located in Phoenix Arizona and was wondering what my recourse is?

    I parked my car in a covered parking space that was not mine, my space was taken up at the time by another car ( which was not mine ). I left a note on the back of my car to inform my fellow condo owner that there was someone in my spot and they could park there when the other car left, I didn't have time to find out who was in my space since I was leaving the state for two days.

    When I got back from my trip my car was gone, the condo owner had it towed by the company that our HOA uses and has stickers on all of the covered parking areas. Our Hoa is composed of 49 units and every unit has its own covered parking which are marked with letters instead of numbers so know one knows whos is whos such as mine I am #45 and parking spot DD.

    I contacted our HOA management company, they said the Board is the only entity that can authorize a tow not an individual condo owner. After reviewing the bylaws, nowhere does it give the permission to anyone other than the collective board to tow a car furthermore the car has to be in disrepair or have a for sale sign on it to warrant such an action by the board. Even if the board decides on such an action there have to be warnings sent to the offender.

    I picked up the car from the towing company which was 140.00 and the car has scratches all over it, with damage to the undercarriage from the heavy machinery that the towing company uses on its lot. I will be taking the car in for a full check up next week.

    Talked to the Management company again today, he told me the name of person who got my car towed. He said he suggested that I talk with her to work something out. Also the towing company isn't to blame because the condo owner somehow convinced them she had authority to do so by listing proper. The HOA management will be changing the protocol.


    HELP ME:

    1) How do I get my reimbursed? I do not want to even approach the owner since I will probably blow up.

    2) Do I need to hire outside legal help?

    3) I am moving in 3 weeks and do not have the time to wait for our next board meeting, HELPPPPPPPPPPPPPPPPPPP

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Condo Homeowner Had My Car Towed, Againast Bylaws.

    morally, I believe you have no claim against the true space holder. Regardless of what the rules state, you did park in anothers assigned space and were towed righteously.

    Concerning the legal right of having a car towed;

    The HOA would have the rights in general areas but depending on the CC&R's and bylaws, the space holder may have every legal right to have your vehicle towed. It would depend on whether the space is merely an assigned space or if it is part of the condo owners property or legally controlled property.

    If the first, then the HOA would probably be the only entity allowed to have the car towed. If the latter, or anything resembling such a situation, the the other condo owner would have the legal right to have the car towed from their property.

    As far as damages to the vehicle, the tow company is the only one liable for that unless the other condo owner told them to damgae the car.

    The towing comditions you cite are obviously not applicable to this situation. Those are to allow the HOA to remove abandoned cars or vehicle in disprepair. The parking situation is a totally different type of situation.

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