Towing Issues: Towing, carport area, last saturday night

Question
Hi-
I was hoping you could answer a question for me. I live in
Sacramento CA and my car was towed from my GF apartment
complex last Saturday night. I lived in her complex for a
year and have always had my guest park where I was towed
from with no problems. The area I was in was covered parking
but for the year I lived there (just moved out in February
09)my friends and family have always parked in the covered
area which were not assigned to anyone. The rule was that if
the carport area had a # above the space(carport) then it
was assigned to a resident but if there were no 3's then it
was considered unassigned.
Parking at this complex has always been an issue. They have
way to many residents and not enough spaces. The front area
by office had some overflow parking against the curb but
just before I moved they painted all the curbs reds. They
allow parking in the red (???) but yet they painted them
red.These cars never get towed.
Anyways, back to my car being towed. As I said and have been
told by management of the complex any spots covered or not
without a placard is considered unassigned and first come
first served. Well, last Saturday there was once again
nothing close so I parked in the usual spot. I awoke sunday
to my car missing. I contacted management and they said that
they changed that area to "assigned" parking and that there
is no longer guest parking on premises. The area I was
parked in does not have a sign that says resident parking
only so I parked as usual. I told her that I have always
parked there when I visit without any issues and that when I
lived there my guest would do the same. Her reply was "you
lucky then". She said she sent out a letter to all residents
stating that there was no longer any guest parking. I asked
my gf if she received the letter and she said no. I then
went back and told management that she had never received it
and without any signs how was I suppose to know? She then
said they put a letter on each tenats door stating this.
Well as we all know the winds in CA could have blown the
letter off the door so the proper way would have been to
mail it and have each resident sign it.
According to the her lease it reads any area covered or not
covered without a residents # was available for guest. When
I showed management that she said they have the right to
change policies without any signatures required.
Problem I have is that if I would have known I would not
have parked there. It cost me over $400 to get my car out
and when I recieved it back the tow company had damaged my
car. I drive a Mustang Roush and they towed it like it was a
Honda Accord. My car can only be towed by a flatbed(drive
up). Lastly, I was told that in CA a car has to be tagged
for 24hrs before it can be towed. Is that true?

Please help!!

Broke and confused,

Eric Child

Answer
First off thanks for all the details but you didn't include the city. Here is some information which are the state codes but local or city ordinances could supercede http://www.dmv.ca.gov/pubs/vctop/vc/tocd11c10a1.htm Check under private property for starters and read the information carefully

As for the method of notice given by management is completely debatable and since no other methods are given such in a lease, posted sign, tagging or other signed agreement could be in your favor. Without writing an essay in my opinion you have a strong argument. Since local management isn't too helpful then try higher management. Be respectful, intelligent and have everything well documented.

As for your vehicle being damaged I hope damages were brought to the attention to the tow lot before you left! On the flip side if damages were already present before the tow I'm sure the operator took pics. The tow company doesn't have free reign to damage your vehicle and responsible if damages occurred. The management company would not have the responsibility for the tow company damaging the vehicle.