Question
mom's car, very low mi
My mom's car was recently towed from a guest spot for the second time at the condo that she owns in Miami, FL.
My car is also parked at the condo in our reserved space.
Both cars are registered to this address for many yaers. Mom is retired and does not drive very much or very far.
For some time mgmt. had complained to me verbally about mom's car not moving for periods of time. I asked mgmt. how often she was required to move her car? No answer just "move it".
The condo owners by-laws do not address any such condition and the by-laws state that each owner gets one reserved space and that second cars are to be parked in any and all guest spots. This was the rule when we were both intervied and approved to purchase the condo and we each listed a car with mgm't. The rule is still the same today.
After the first tow I used mom's car more often and even swapped it with my car. Then my car was towed from a guest spot for no given reason or notice.
Now to the most recent towing. A towing sticker was placed on mom's car but the sticker has not been filled out at all. Note; I have this sticker (intact). It is a blank towing sticker. I asked the pres. of the condo what is the violation? I got no answer just "move it".
I then asked where they would like for me to move the car to and was told to put it in another guest spot which I did. Later, I was informed again by the pres. that I had to move mom's car or "they" were going to have it towed". Being I was speaking directly to the pres. I asked, who are they? No answer. I then asked where "they" wanted me to move the car and was told to just "get rid of it". I moved it. We were not willing to give up our second car.
Mom's car was towed and she then rec'vd. a letter from mgmt. that the car would be towed for violating condo rules?? as per the notice placed on the vehicle??? I went to the towing co. and asked for the name or ph.# for the person who authorized the tow and was told that they "could not read" the name or ph.#.
I went to small claims and at the pre-trial, mgm't. & lawyer claimed that the tow was not authorized and they do not know who had the car towed and I was also warned by the defendant that I would accrue lawyer fees if I persued the matter in court.
After the court experience, threats, searching the net for precedence and the car no longer being at the tow yard I feel that mom has been set up in a no win situation.
What do you think? Should I proceed to trial & try to get a ruling? Get a lawyer?? Get another car??? Give up $$**%%?
I am very sorry for the long post but these are the facts as I know them. Thank you.
Answer" I went to small claims and at the pre-trial, mgm't. & lawyer claimed that the tow was not authorized and they do not know who had the car towed and I was also warned by the defendant that I would accrue lawyer fees if I persued the matter in court."
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This interests me, as what I see them saying is that the tow was "an ILLEGAL" tow and as such they did not order or authorize the tow..
That being said, I think that the judge would of ruled that the condo association would be responsible and had to repay for the tow.
BUT this highlights one of the problems with HOA's and Condo Associations. Someone gets a bit of power and they decide to interpret the rules as they think they should be.
"MOVE IT" is not a good answer as it would appear that anywhere would not be good enough. Condos and apartment complexes "NEVER HAVE ENOUGH SPACE FOR PARKING".
WHY, well a parking space is "NON REVENUE PRODUCING" and as such cuts into the spaces that they can sell or rent out.
I would consider the courts a bit more if they are still being a pain in the tail to you, and while the simple answer (from them) is to only have 1 vehicle, just look at how many vehicles some of the board members have parked there.
I wish I could help more but it gets into the legal areas where I really do not go with answers.
