Towing Issues: HOA Threading to two guests car - harassment?, harassment charges, parking enforcement

Question
Phoenix, Arizona

Background:

We started renting this house in  this community in May. W already have 4 cars that we use every day parked in our driveway that we do a car shuffle a few time a day.

This is our problem:

My roommates girlfriend come to our house every weekend for the weekend. when she fist started coming over she got notices on her car saying that the HOA though that she was a resident and only guests of residents can be parked in the street and for no more then 24 hours. (take note that here can was never and has never been parked in the street for more then 24 hours) On the note there was an email address that you send and appeal to, it said something similar to send a copy of the registration and the description of the car to that email address. His girlfriend did not feel conferrable seining the current registration so we sent them a copy of the recently expired registration.

After we did this they said that that was not good proof and said that they required:

The Current registration
A Copy of out lease agreement
a copy of her lease agreement (to prove that she doesn't live with us)

First of all we feel that this is unfair, or safe on our part, this can also not be done because she sill lives with her parents.

Below i have inserted the emails between me and the parking enforcement (make not that even with their deadlines it takes them 2 days to 2 weeks to respond to them.

They will not answer our questions and we just do not know what do do anymore short of filing harassment charges against them.


Thank you!

============================================================
I wrote:


Hello,
 I am writing this email regarding this upcoming weekend. Every weekend
and sometimes throughout the week we have a guest that comes over, she
does
not live here (as you can see from the copy of her registration that is
included). She has been notified a few times, and i have tried to send
a
email before. She has even been "stickered" after being parked here for
less
than one hour and the cars around here were not noticed. The method of
driving around once in the morning to put notices on cars is not the
best
method. I am writing this email to make sure that her car does not get
"stickered" again.

Red toyota Corolla
(plate #)

Thank you,
Zachary Priddy

=====================================================

They Wrote:

Zachary-

Thank you for the email; however, the registration you provided is
expired and does not provide adequate information.  In order to
consider this vehicle as a guest vehicle, we will need:

1)  A current registration
2)  A copy of the lease agreement for the residence in *---------*
3)  Proof the owner of the vehicle in question lives at another
residence (current lease agreement, etc.).

The vehicle will continue to receive notices up to and including
towing until this information is received by the *-----------* Parking
Committee.  We appreciate your cooperation in this matter.

Thanks in advance.

*------------------*


====================================================

They Wrote:

Zachary-

We have not received this information from you and the vehicle is
continuing to park on the street.  If the *--------* Parking
Enforcement Committee does not receive this information by midnight
Monday, September 14, 2009, this vehicle may be towed from *-----------* due to the lack of information confirming it is indeed a guest's
vehicle.

Thanks in advance for you attention to this matter.

Sincerely,
*------------------*

====================================================

I Wrote:

What would be proof that she doesnt live here? she if living with her
parents so she doesnt have a lease or any other information.


==================================================

They Wrote:

Zachary-

You will need to provide proof she lives somewhere other than Las
Colinas.  We expect to receive this information within 48 hours or
enforcement will proceed.

Thanks in advance.

*-----------*

===================================================

I Wrote:

Here is how we see it,

  1) The car that is the issue is only here on the weekends, shouldn't that kinda hint that she doesn't live here?
  
  2) The rules state that a car can not be parked for more then 24 Hours, Correct? If that is the case we have video proof that the car does move, usually back to her house and then into our driveway until everyone is back home again, then she parks back in the street.
  
  3) We can give you a current copy of her registration and we are okay with that because it is stated in the notice on the car, any other information should be unneeded and is not within your own rules. Besides that, we do not know how this information is going to be stored, for how long, or where, thus it is not secure.

  4) If you can not even tell us how to prove that she does not live here, then how can we?

  5) Any time restriction that you put on the return of information is unreasonable for two reasons: 1. She is only here on the weekends and that is the only time we can get stuff from her 2. it takes anywhere from 3 day to 2 weeks to get a response from you.

  4) If you would like a copy of our lease agreement you can contact either the property owner, who you should have on file, or the property management company, Action Property Management

  5) Any and all complaints should be going through the property owner and/or the property management company, Action Property Management. If you would rather go about it that way, then feel free to contact them.


Thank you,

Zachary


PS, Contact Information for Action Property Management

*----------------*

===================================================

They Wrote:

Zachary-

The CC&Rs stipulate only guests of owners can be parked on the street and not for more than 24 hours.

We have still not received the information required to determine this vehicle belongs to a guest after several weeks of asking for this information.    If you cannot or will not provide this information, we cannot treat this vehicle any differently than any other resident of *------------*.  As such, if the vehicle is parked on the streets of *------------* in the future, it will be towed.  

Sincerely,
*------------*


Answer
Do you have a limit on the number of vehicles you can have parked at your residence? The vehicle being parked on the street for over 24 hours is a violation according to what you sent me. You did say she stays for the weekend. I would report the HOA to the Better Business Bureau and to ripoffreport.com. As for your property, you need to speak to an attorney who can review your lease or rental contract. When you rent property you have a right to that property, Even the police cannot come into or onto someones property, even a motel room when it is rented because it becomes your residence by law and is subject to warrant requirements under the 4th amendment. As for the vehicle being parked on the street if it is there for over 24 hours then apparently it is in violation of their rules.