Towing Issues: Failure to Post Parking Rules, private residential community, newport beach ca

Question
Hello -

I live in Newport Beach, CA.  With regards to parking in a private residential community, there are 25 guest spots and 41 condos.  There is no assigned parking.  The HOA has recently changed the rules so that no car car park more than 4 times in a one month time frame.  

I have asked the security patrol guard what time of day he comes through to write down the vehicles parked.  His response is that it varies, and sometimes its more than once a day.

The posted parking at the entrance of the complex does not list these updated regulations.  Per the CA DMV code, if a vehicle is illegally towed, I am awarded two times the recovery cost - and there is a possible $1000 fine for failure to post the parking rules.  

Do I have recourse in this situation?

Also, from the previously posted question here,
( http://en.allexperts.com/q/Towing-Issues-1411/2009/5/Notice-Owner-Tow-Car.htm ) has in the response "...legally having to notify anyone, the management is not required to do anything more than post notices on the vehicle warning of pending enforcement actions..."  This warning is never done, and the only notification listed on the car is the 4th one, when it is towed (typically in the middle of the night).


Many thanks in advance.

Answer
Have you contacted the HOA and asked why they had it towed? If you had an agreement, I would think especially since you are in the military, they should have honored it. However, if it was left and they did not notify security the towing company may not be liable. The HOA may be. They are also required to have a signed towing authorization which I am sure they probably don't have but will probably fabricate if you ask for one. I would ask who authorized the tow and for the towin g authorization and document when they cannot produce it upon your request. If you do prove they towed it illegally you definitely have a case.