QuestionQUESTION: My car was towed from my condo (gated) community for parking in two spaces. I did indeed use two spaces mine and the unassigned vacant neighbor at 9:00 pm - Car was towed at 11:00 pm - Impound fee was $200. My questions to tow company and my H/O Assn. went unanswered. What I did learn however is my parking lot is subject to random towing. I wish I'd known this before purchasing my unit. Aside from designated handicapped parking there are no signs reading subject to tow at your own expense nor is random towing mentioned in the H/O bylaws. I'm paying $150 a month to the Assn. as a homeowner yet they are behind this obscene act. How do you see this? Is small claims court an option?
ANSWER: Well California has some strange laws regarding towing from private property (yes Gated communities are considered private property)
Well the parking in 2 spaces, yeah that is cut and dry a violation and you are subject to tow...
But the random towing issue is not a real big one since any parking lot is available for towing if they meet some requirements... First a contract has to be signed with the complex management and tow company. If it is a true "PATROL" type towing, then there has to be specific rules and guidelines spelled out as to what is "TOWABLE"
BUT the State (and some Cities) are trying to get patrol towing outlawed.
Other than that, someone needs to sign an authorization form specific to each vehicle being towed.
OK on to the signs or notices... I am sure SOMEWHERE in the rental-sale-lease agreement with the HOA there are guidelines spelled out dealing with vehicles and removal of such... I know a lot of HOA's have sections dealing with working on vehicles and what constitutes "operable vehicles"
So parking issues are in there somewhere. It might be hard to find, but it should be there..
Signs, well that's a hit or miss issue at times. Yes the State has specific rules on size, locations, what they are supposed to say, but I also have to defend the property as signs do wear out, get destroyed or removed, have trees and bush's cover them up at times, or just plain fall down.
I know that sounds like an "OUT" but it does happen.
Most of the laws require signs at entrances to the complex, where everyone has to go past them, you are not required to have a sign in each parking space (other than handicapped or other specially designated spaces...
You might check out the California DMV website, and look up
Vehicle codes 22658, and 22953 which are the 2 main ones that deal with tow away's and requirements. There are huge amounts of information there as to specific regulations...
But the gist of the problem is that a HOA is a private city type arrangement and they can make certain rules which go over and above the state laws..
I hope this helps you , and yes of course the small claims court route is always available.
---------- FOLLOW-UP ----------
QUESTION: By law am I entitled to see the agreement with HOA and Tow Co. and shouldn't this information be made aware to the other Condo owners?
Answerfor this follow up, I honestly have no answer for this one... Like I mentioned before California has many laws dealing with Tow Aways... I looked though some of them quickly and did not find a reference to if you "LEGALLY" have the rights to look at the agreement, but I seem to remember that you can get a copy of the signed authorization to impound when you redeem the vehicle..
I could not find it again...
