QuestionI am a HOA Board Member for a community in Houston, Ft Bend Count. Can we have a car towed from under a carport in a Private Gated Townhome Community. The car is sitting up on jacks.
Are we under any obligation to let a reposessor into our community to repossess a vehicle.
AnswerWhat are the "CONVENTS" which your association has in force ????
That would affect this as in most cases (not sure about Texas) because a HOA functions like a small city in enforcing rules, which they make up and enforce.
This vehicle sounds like an "unlicensed" and "inoperative" which in most regulations - convents is spelled out. And on jacks tends to enforce that theory.
Word of advise, send lots of letters, take pictures of the vehicle in violation and that will help with any potential law suit which might happen.
Now since it is a "GATED COMMUNITY" then access is controlled and you can semi exclude repo's from there but if they are able to gain access then it is hard to prove that they trespassed.
If the gate is open the did not break the law in most cases, but if they had to unlock it or open it then they might (depends on the state laws there) of "disturbed the peace" or some other kind of law violation.
here is a link to some info on repo's
http://www.ftc.gov/bcp/edu/pubs/consumer/autos/aut14.shtm
