chrisannyou
New Member
My jurisdiction is: California
The condo that my husband and I live in has a very beligerent and incompetent woman serving as president. She abused her power and illegally towed our visitor's car in the guest parking spot. Our guest was staying with us for a few days and had parked her car in the same spot for two days straight. No where on the guest parking sign does it say a 24-hour limit or any sort of time limit. She gave us no warning, no sign on the car to remove the vehicle or face towing. She just towed away our guest's car. We had to retrieve it, paying $250. Nowhere in the bylaws does it state parking restrictions or anything related to parking. There are no written rules/laws in place for anything. Only if there is an issue with a homeowner, the board can have a hearing against him/her giving 15 days notice.
We sent a letter to the president, the other board members, and the management company's rep requesting to be reimbursed. There was no response by anyone. We then sent a letter requesting an HOA meeting, because we did not have one in over a year.
At the meeting, the president said that it was our fault for leaving the car there for more than a day. She had no idea who's car it was and was enforcing her own made up rule. We said we would've moved it if we given some kind of warning. It was pointless talking to her so we are going to take her to small claims court to recoup our loss.
So here is where I need someone's brilliant legal help:
1) Do I sue only the president of the HOA? Naming only her and listing her home address? She's the one who towed the car. There is no official HOA mailing address.
2) Or do I have to sue the management company as well, as one of the defendants because ultimately, the president was acting on behalf of the HOA.
3) In terms of damages, besides the tow away charge, can I also add my day rate for missing work to take her to court?
Any help would be much appreciated. I want my day in court... watch for me on Judge Judy!
Thanks.
The condo that my husband and I live in has a very beligerent and incompetent woman serving as president. She abused her power and illegally towed our visitor's car in the guest parking spot. Our guest was staying with us for a few days and had parked her car in the same spot for two days straight. No where on the guest parking sign does it say a 24-hour limit or any sort of time limit. She gave us no warning, no sign on the car to remove the vehicle or face towing. She just towed away our guest's car. We had to retrieve it, paying $250. Nowhere in the bylaws does it state parking restrictions or anything related to parking. There are no written rules/laws in place for anything. Only if there is an issue with a homeowner, the board can have a hearing against him/her giving 15 days notice.
We sent a letter to the president, the other board members, and the management company's rep requesting to be reimbursed. There was no response by anyone. We then sent a letter requesting an HOA meeting, because we did not have one in over a year.
At the meeting, the president said that it was our fault for leaving the car there for more than a day. She had no idea who's car it was and was enforcing her own made up rule. We said we would've moved it if we given some kind of warning. It was pointless talking to her so we are going to take her to small claims court to recoup our loss.
So here is where I need someone's brilliant legal help:
1) Do I sue only the president of the HOA? Naming only her and listing her home address? She's the one who towed the car. There is no official HOA mailing address.
2) Or do I have to sue the management company as well, as one of the defendants because ultimately, the president was acting on behalf of the HOA.
3) In terms of damages, besides the tow away charge, can I also add my day rate for missing work to take her to court?
Any help would be much appreciated. I want my day in court... watch for me on Judge Judy!
Thanks.
