Towing Issues: need info, small claims court, city governments


Question
my question is: WHILE BEING ON VACATION MY CAR HAVE BEEN TOWED FROM MY TOWNHOME DRIVWAY. DOES MY ASSOCIATION HAVE A RIGHT TO THIS IF THEY DOING REPAIR WORK? MY CAR WAS LEFT IN THE MIDDLE OF THE STREET. GOOD THING MY NEIGHBOR SAW IT AND CALLED ME AND MOVED THE CAR BACK TO THE DRIVWAY BUT TOOK SOME PICS WHERE THE CAR WAS AND HOW DIRTY IT WAS ETC. WHAT SHOULD I DO NOW ? DO I HAVE ANY RIGHTS ? PLEASE HELP ASP. THANKS

Answer
and this was in Florida, Texas, Alaska, Guam or Timbuktu???


Since you mentioned your "association" I have to guess that you live in a HOA (Home Owners Association) development, I got bad news for you.

Each HOA has the legal rights to create rules and covenants to allow for things to be done or procedures to be followed. If they want to say that on Tuesday between 2 and 3 PM no red vehicles are allowed on the property at all, they can do it. HOA's are like small city governments and they have the power to do that.

Now you mentioned they did some work?   What kind of work did they do is a key here also. If they were replacing or repairing water pipes and it ran under your driveway and your car was parked on top of it, you would not want them to dig around your car and not repair the problem.
And what about painting buildings, do you want the "over spray" on your car.

Dirty or not, it can be washed, but I question parked in the middle of the street. That does sound a bit funny to me. And how did they move it is another question I have. I doubt they broke into the vehicle and released the brakes and put it in neutral, as that is very hard to do nowadays and I drive tow truck and do that stuff for a living.

As to your rights, well I would go and talk to the association people and see what they say about the whole issue. Routine maintenance  generally means there are notices, but if say a pipe broke they would have to move the vehicle right then.  

Hope this helps and you always have the small claims court if you were wronged, but from what I see in your question your vehicle was moved and you were not charged for it. So there is no monetary loss.