Towing Issues: Attempted tow in condominium, tow driver, tow company

Question
Hi, last night I had my car parked in front of my condo, which is a marked "no parking zone," because there was no parking spaces available inside the entire community. A couple hours after I had parked, I came outside to the tow truck hooked up to my car.  I told them to stop and unhook it, of course they wouldn't do anything until I either payed $95 cash (which I didn't have), or talk to their "dispatch."  The dispatch wouldn't do anything for me; in fact, he threatened to come out himself and charge more fees.

Long story short, I had to drive down to the nearest ATM while they followed me with my car on their truck and get out 100 cash.  I felt like I was getting mugged.

Now, the no parking sign outside has the CC&R code, but nothing about the tow co. information.  If I am unable to park anywhere else, how can the HOA tow my car for THEIR insufficiency?  Also, am I entitled to a "written request to tow" from whoever called the tow company?  And if there is no such written request, is this considered an illegal tow(or attempt)?

All I want is my $95 back.  Any insight into local laws or something I can use against my HOA/tow co. would be greatly appreciated.

Thank you in advance!

Jason

Answer
Regardless of the parking situation was your car parked in a marked no parking zone? Simple yes or no. With that out of the way and funds were not made available for a possible drop fee then a tow will occur. Since you didn't say which city/county or state you live in I can't help much with reviewing the laws. My suggestion is most laws and ordinances can be found online for further research. You are correct about the written permission or contract to remove vehicles from private property. The tow company could have easily provided this information if they felt it was necessary. Most often the contract is located at the tow company's office and not always necessary for the tow driver to have it. Again since I don't know your locality I can't say for sure. As for your HOA my suggestion is asking them what the solution to the problem is before this happens again. Demand reimbursement from the HOA for insufficient parking but don't blame the tow company for there contractual obligations. Good luck.