troylouisjr
New Member
My wife and I have lived in our small condo community for almost 3 years. We have had no problems until recently. Our HOA has been letting people slide in regards to parking for a long time. Suddenly they have decided it's time to strickly enforce the rules, however I feel they have gone way too far in the other direction and are now violating the rules in the CC&Rs.
They have hired a roving tow truck company to patrol our tiny neighborhood and tow any car that is "illegally parked". To anyone's knowledge, this was not voted on in an open meeting. They are also stating that we may only park on the East side of our street due to a city fire ordinance, but this would have been determined before our development would have even been allowed to build the first house, and there is no mention of it in the CC&Rs or bylaws. Also, the president of the HOA is stating that it was an ammendment to the CC&Rs in 2005, yet no one in our development has ever received a copy of that ammendment.
Our trouble started when they towed my car. I live in a house on a cul-de-sac with no driveway. It does state in the CC&Rs that there is no parking on the cul-de-sac with one exception: "immediate loading or unloading of a vehicle". My wife and I came home just long enough for us to drop off some things and pick up a couple items before heading out again. In a matter of minutes, my car was gone. In my opinion I was parked legally under the CC&Rs, and therefore towed illegally. But if you don't think my story is enough, how about his... a neighbor down the street had his car towed WHILE HE WAS UNLOADING HIS GROCERIES! Sorry for yelling, but his trunk was still open with some of the groceries still in it, and they towed his car!
The towing company also tried to tow another car that belonged to a visitor just dropping something off to a friend. Luckily, a neighbor pulled his car in front of the tow truck so he couldn't leave, then called the police. When he put it in the terms of "if the police showed up and said I have a warrant to search your house, but I don't have it on me, would you let them search your house?" Of course not. Since the tow truck driver did not have a written contract showing he had proof to tow vehicles from the development the police made him unhook the vehicle.
Things have clearly gotten out of hand, and it shouldn't have had to come to this but I fear it's too late now and will only get uglier before there is resolution. My questions are as follows:
Is the HOA breaking the rules by towing vehicles that are clearly "immediately loading or unloading", especially since there is no specific time specified in the CC&Rs?
Has the HOA broken any kind of law by not supplying the supposed 2005 parking amendment to the homeowners?
Has the HOA done anything illegal by hiring a towing company, to be paid for with homeowner's assessment fees, without allowing the homeowners to approve it by vote?
Any feedback is appreciated. Thank you.
They have hired a roving tow truck company to patrol our tiny neighborhood and tow any car that is "illegally parked". To anyone's knowledge, this was not voted on in an open meeting. They are also stating that we may only park on the East side of our street due to a city fire ordinance, but this would have been determined before our development would have even been allowed to build the first house, and there is no mention of it in the CC&Rs or bylaws. Also, the president of the HOA is stating that it was an ammendment to the CC&Rs in 2005, yet no one in our development has ever received a copy of that ammendment.
Our trouble started when they towed my car. I live in a house on a cul-de-sac with no driveway. It does state in the CC&Rs that there is no parking on the cul-de-sac with one exception: "immediate loading or unloading of a vehicle". My wife and I came home just long enough for us to drop off some things and pick up a couple items before heading out again. In a matter of minutes, my car was gone. In my opinion I was parked legally under the CC&Rs, and therefore towed illegally. But if you don't think my story is enough, how about his... a neighbor down the street had his car towed WHILE HE WAS UNLOADING HIS GROCERIES! Sorry for yelling, but his trunk was still open with some of the groceries still in it, and they towed his car!
The towing company also tried to tow another car that belonged to a visitor just dropping something off to a friend. Luckily, a neighbor pulled his car in front of the tow truck so he couldn't leave, then called the police. When he put it in the terms of "if the police showed up and said I have a warrant to search your house, but I don't have it on me, would you let them search your house?" Of course not. Since the tow truck driver did not have a written contract showing he had proof to tow vehicles from the development the police made him unhook the vehicle.
Things have clearly gotten out of hand, and it shouldn't have had to come to this but I fear it's too late now and will only get uglier before there is resolution. My questions are as follows:
Is the HOA breaking the rules by towing vehicles that are clearly "immediately loading or unloading", especially since there is no specific time specified in the CC&Rs?
Has the HOA broken any kind of law by not supplying the supposed 2005 parking amendment to the homeowners?
Has the HOA done anything illegal by hiring a towing company, to be paid for with homeowner's assessment fees, without allowing the homeowners to approve it by vote?
Any feedback is appreciated. Thank you.
