Towing Issues: Towing off of private property., lease purchase agreement, towing company


Question
I own a lot in PUD Planned Unit development where members own their own lot and everything that sits on it a private property that includes a house and a drive way, patio, yard et.   The HOA owns the street, a parking lot and the club house area.

The person living in one lot had her car parked in the drive way that sits on that privately owned lot.  The HOA gave permission for a towing company to enter the private lot and tow the car. They did not have the written permission of the legal owner of the private lot, since the lot was in litigation as to legal ownership at the time. The owner of the car sued the towing company for the illegal removal of the car off of private property and property damage of the car.  The HOA assumed the case and won declaring the property the car sat on was not private but common area owned by the Association so therefore the towing company had the legal right to tow the car.  22658 (f)
The HOA then attached the lot and filed for foreclosure.  The declared owner of the property after the litigation for ownership  was forced to  defend the lot from foreclosure. The same Judge ruled the new owner to pay for the towing law suit.  


The HOA does not pay the taxes on this lot. They have the right to maintain the front property with our assessments.  This the HOA claims gave them the right to allow a tow truck to enter private property with out a written consent of the legal owner in possession of the property.

I know a HOA is allowed to  place fines for the non removal of the car but can they be allowed to permit a tow truck to enter private property?

Do you know what can be done about an HOA who slanders the title of property?  

Answer
If a court has already ruled on this then this would be an issue for an attorney, The question here is did the HOA have the authority? If the court ruled in their favor, then it has been established that they had the authority. I would take whatever lease/purchase agreement you have and have an attorney familiar with property law review them. Private property and "public accessible property" is a very gray area. As for the slander, once you determine the view of the property then you can proceed from there.