QuestionI live in Mesa, AZ. in a community called Signal Butte Manor II that is covered under the Associated Property Management Company (HOA) CC&R's and bylaws. I recently had my girlfriends car towed from in front of the house that I am renting in a HOA community. I called the Mesa PD and was informed that her car had been towed by Monster Towing, and was given a phone number to the towing company. After an hour and a half of speaking with the dispatch representative, I finally got her car back at the outrageous cost of $305.00 that HAD to be paid in CASH. I read the HOA's CC&R's that do state that "on street parking is not allowed", but I have several problems with both the CC&R's as well as the actual towing.
1) The HOA's CC&R's state that if a homeowner is in violation of any rules, then the homeowners are to be notified in writing, and allowed 14 days to take corrective action. I NEVER RECEIVED ANY NOTICE, AND AFTER SPEAKING WITH THE PROPERTY OWNER, IT WAS DETERMINED THAT SHE DID NOT RECEIVE ANY NOTICE EITHER. Since there was no written notice, is the HOA at fault, and if so, are they responsible for re-payment of towing costs due to the HOA not following their own CC&R's?
2) I have been in constant contact with the HOA regarding this issue, and in the last month and 10 days that I have been dealing with this issue, new signs stating that the streets are considered to be "Fire Lanes" and apparently posted by the City of Mesa Fire Marshall have gone up at both entrances into the development, yet, the signs are not posted anywhere else in the development. Considering that my girlfirends car was towed BEFORE these signs went up, is the street considered to be a "Private Street" or is it a "Public Street"?
3) If it is listed as a "Private Street", doesn't the towing company have to get permission from the HOA, Police Department, and/or the car owner before the car can be towed?
4) If it is a "Public Street" doesn't the towing company have to be notified of the parking violation by an authorized law enforcement official? If so, does the towing company have to keep records of such a request being made?
5) What regulations are in effect for the posting of "No Parking Zones"? I ask this as the only signs on my street in this development are approximately 7 feet off the ground, and the signs are actually stickers that measure 7 inches tall, by 4 inches wide that have been placed on the light poles on my street. There are exactly 3 light poles on my street, and they are approximately 300 feet apart from eachother. The signs are so hard to see, that unless you get out of your vehicle and make an effort to read them, that you'll miss them if just driving by.
6) The other concerns I have revolve around the HOA and their lack of proper and accurate papaerwork. Since this issue began, I have received copies of the original CC&R's and also received copies of NEW CC&R's that apparently are in effect. The NEW CC&R's are full of handwritten notes, cross-outs, and exceptions about parking and regulations, including a letter on the HOA's stationary that lists the WRONG TOWING COMPANY as being the company responsible for towing vehicles that have been found in violation of the CC&R's. I have spoken with a "Troubleshooter" from the HOA named Phil who has informed me that notices were mailed to all homeowners and delivered to all residences by hand, yet, he CAN NOT PROVIDE AN EXACT DATE when these letters were supposedly mailed out, and door hangers placed on houses.
Any advice or personal experiences you can share would be greatly appreciated.
Concerned in AZ.
AnswerI am sorry, but there is not much I can add or answer to this question as most all of it is related to "HOA" rules, regulations and covenants.
A Home Owners Association (HOA) does have the powers and rights to make up the rules and regulations and to amend then at any time that the "board" feels they need to change.
They are not "BOUND" by state laws in many cases and as such if they want to only allow Purple Yugo's on the property at 3PM on the 2nd Tuesday then they can make that the rule.
Best answer I have is to go talk to a lawyer about what they are doing and how it is done.
The fire department signs as "fire lanes" well in most HOA's the streets are declared "NO PARKING" between certain times and might even be posted as fire lanes.
Now each HOA will have its own rules and even if I was to get one from somewhere down in Alabama, or Florida it would not be the same as yours in Arizona.
Sorry for not having any advise.
