Towing Issues: COMMERCIAL VEHICLE, nissan armada, decal sticker


Question
Sir,I have a Nissan Armada Vehicle registered as a family vehicle not a commercial.I have an internet small business and I placed a 1 square foot removable sticker at the back of our family car.One day it was towed from our parking space infront of my house and the reason was they said it was a commercial vehicle.We used this as a famly vahicle in fact there is 2 carseats for my twins and a stroller inside and created a lot of stressed because no warning or notice had been done before and after the towing company towed our truck in lieu also wih the said homeowners regulation.We think that our rights had been violated as homeowners and the fact it was a small sticker .

Answer
Well I have to say that from what you mention in the question, I believe that the tow was legal from the point that it sounds like with the small decal - sticker it looked like a commercial vehicle.

I hate to say it but if you live in a "HOMEOWNER ASSOCIATION AREA" you will have these kind of issues.

As a rule, a HOA can make up any rules and regulations they want which apply in the community. If they say "no red Volkswagens of any kind are allowed on Tuesday from 3pm to 5pm" then that is the rule and the law.

Its just like they can dictate what color the house is painted or how often you cut the grass due to the height of the grass.


Now, as to how to find out if this was actually legal, well you will have to go back into the bylaws and covenants of the Association and read all the rules about vehicles and businesses (you might be illegal having an Internet business in your house also).

I can not help you on those rules as you have all the papers (or should have then) and even though you have intended to just advertise the business with a small sticker you created a "business - commercial vehicle" in their eyes.  

Now something to keep in your mind is that most likely someone complained about the sticker and the vehicle, and that lead to the action being taken.  Yes there are people in some HOA's who have nothing better to do then to go look for violations and create problems.  

Can you sue the HOA and try to recover the money for towing, well that again goes back to the rules and regulations. If it is not spelled out in the rules then you might have a case, but remember also that you would be "peeing in your pool" if you took the HOA to court. After all you do have to live there still.

Hope this helps a bit.