Towing Issues: Towing Unregistered Car in Miami, FL, apartment security, vehicle tags


Question
I have been living in the same apartment complex since August of 2008 for college. Parking is free-for-all but vehicles are kept on file for residents' supposed safety and security and for entry into the gated complex. During the school year, my car's registration expired and, until recently, I haven't been able to travel back to my home state to renew it.

I was away for 10 days and returned with registration in-hand to find that the apartment security personnel had my car towed away due to being "abandoned."

The apartment offices had the car on file as mine and I am still paying rent, so the car was never abandoned in my opinion. They made no effort to contact me while I was away, even though they had my information and car on file. Nowhere in the lease or around the complex is this policy of towing unregistered vehicles posted. I obviously wasn't driving the car, as it was unregistered, so of course the car didn't move while I was gone.

Is this all on me?

Answer
Well I have to say that it looks like it would be all on you. I am not sure what state the vehicle is registered in but in many states there are provisions for registering - renewing the vehicle tags for people who are in the Military or in School out of state.   

Now on to key points, if the vehicle is "unregistered" due to expired tags, then technically it is abandoned as only "registered - legal" vehicles are supposed to be operated either on the streets and in parking lots.

And most apartments and condo complexes have something in the lease / rental agreement which states that inoperative vehicles can be removed at owners expense.

That is the catch all in most agreements.

Now if you were moving it say daily or every other day in the complex that would show that it was at least moving, and when you took the 10 day vacation it did not move at all..

Looks to be abandoned then... So security would have it removed.
Unlicensed vehicles or disabled vehicles also have signs which show they are not moved. They get a dust buildup, tires go flat or low, leaves and stuff pile up under it, and grass grows around it at times.
That is what gives it away as abandoned ...
And the property management does want to keep the complex looking good and abandoned vehicles are not just an eyesore, but in many locations they can be fined by the city for having them on the property.  "Quality of life, image" issue there.


Now as to notifying you, the laws are kind of vague on this as to what a "reasonable attempt at notification" is defined as.

If you have your home phone listed and you are not home, can you answer the phone or a knock on the door... How about if they were to mail you a notice, you would not be home.
Each one has practical and just plain wishing on them.  BUT in most cases the property management is not required to do more than put a piece of paper on the car saying you will be towed. Now if it was towed, then the paper might of blown off, or been removed.
And what about the chance of another person taking it off to read it and throw it away ?


So many variables in this issue but the fact remains that it was unlicensed and that was the whole issue of why it was towed.

(I know it is not the same, but in a town up here in Alabama were we tow, if your vehicle is not licensed properly, the city will have it towed, even if it is in your backyard, behind a fence. The law reads that it has to be in an "enclosed building" if it has no or expired tags)