Towing Issues: Private Condo estiComplex, hoa board, real nightmare

Question
Ok. So here is my question. I live in a private condo complex. Each unit has 1 marked spot that is theirs to park in. However, last night, I got home really late. My spot was already taken, by who knows, so I had to park up by the office. I parked in a spot that seemed to be visitor parking, didn't see signage or anything designating it as handicapped or a units' spot, thus I parked there. However, I came out this morning to find that my car had been towed. I went to the office, and they told me that it was a unit's spot. So I went to the unit and the renter their told me that they had it towed.

So now, here is my actual question. From what I know, in SD, CA, the owner must sign for the towing. Is this true? On top of it, I have also heard that they must had the HOA board of director's permission first. Is this also true? Last question, must they give a warning first? If any of this is true, what would my next steps be?

Answer
Well, you are correct in several things here. Unless the HOA has granted authority to each tenant to call for tows (that could be a real nightmare) the property owner / manager would have to be present to sign for the authorization to remove the vehicle.  Now warnings, that's one of those great areas of concern and conflict. There is no real definition of what a warning consists of. Stickers, letters, phone calls or just standing in the lot and yelling can all be construed to be a warning.

Unfortunately you encountered an issue where your space was taken and you parked in someone else's. You could of called and had the offending vehicle removed from your space and given someone else the grief, but you did what most people do. Go elsewhere and park.

I would suggest that you talk to the HOA and find out clearly what the rules on parking are and who is authorized to call. If someone is violating the rules then it will be a problem. I know that California has very strict rules about removing vehicles from private property and as such a lot of problems occur with people being misinformed.

Next I would check with the local police department and see what they say can and can not be done. But keep in mind that they do not always understand the laws. Some laws are written in ways that only lawyers understand them.

Also if you are interested in trying to understand the rules and regulations for removal of vehicles from private property, you can check out the California DMV web site and look at section 22658.  There is a lot of information there and it might help you.