Towing Issues: Notice to Owner to Tow Car, newport beach california, condominium community

Question
Dear Sir:  

I live in Newport Beach, California.  I have read the DMV website for CA and cannot find my answer.

I just moved into a condominium community as a renter renting from a landlord.  The community is governed by a homeowners association.  Prior to going overseas for 3 weeks, I was told verbally by the association that parking my car on private street governed by the association for 3 weeks would not be a problem as long as I had a resident's pass affixed to my lower windshield.  I filled out the required form by the association to obtain parking sticker.  Form asked for my residential address, phone numbers, and e-mail.

I parked the car on the private street governed by the association with my parking sticker clearly affixed.  When I returned 3 weeks later, the car had been towed.  None of my roommates had received a notice at the condo regarding the tow.  Nobody had received any phone call, e-mail or any other written notice regarding the tow.  After paying $700 in towing and storage fees to get my car back, I did discover 2 notices from the association-employed security patrol that my car had been parked too long (more than 72 hours) in one spot.  

My question is: did the association legally have to contact someone (by phone or in writing) at our condo residence regarding notification that the car was about to be towed?  Because we had known, one of my roommates would have moved the car and could have prevented this towing and unjust expense.  What small claims legal recourse do I have against the condo association (if any)?

Thank you in advance, for any assistance you can provide to my problem.

Answer
Well the issue tends to get complicated with the "home owners association" involved.  Those great associations also have the rights to create laws over and above state laws dealing with vehicles and parking on "HOA" property.

That being said, if they say its ok to park and then it gets towed, you should have a case, BUT in general any vehicle parked on a highway or roadway for a period of time (generally 72hours) is deemed abandoned and can be towed...

(section 22523 of the Vehicle code    http://www.dmv.ca.gov/pubs/vctop/d11/vc22523.htm )


Now as you say you did notify them and all that, but I have to say that it sounds like the security patrol, was not aware of the arrangement with management. Typical issue at times, and I know it sounds like a weak answer, it is one of the biggest problems...

If you most likely check, the vehicle was towed after the management went home (after normal business hours) and that is why I say that.

Now as to legally having to notify anyone, the management is not required to do anything more than post notices on the vehicle warning of pending enforcement actions, and I know that a simple knock on the door would of been better but it rarely happens.

I would target the issue of the securtiy patrol not being informed by management that the vehicle was legal to park, But then again the 72 hour issue comes up...

It is a hit or miss issue, which if you went to small claims court might not let you win... It all depends on how you present any evidence you might have regarding this issue.

And I do have to say this statement in defense or thoughts about suing the Condo association "do you want to pee in your swiming pool" as you do have to still live there... Court actions against the association might result in a lot more "attention" to you or your roommates...


Good luck in what ever you decide to do, I wish I could provide a better answer for you.