Towing Issues: Towing from legal parking area, guest space, tow company

Question

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The text above is a follow-up to ...

-----Question-----
My daughters' car was towed from a parking area that is to be used  by everyone in the housing community. How can they come in and tow a legally park vehicle?
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well, hard to say without more information such as city or state.

But apartments and condo complexes have different rules regarding parking.
As to reasons for towing,  well it could be because it had a tire over a line, backed in when it was supposed to be nosed in, expired tags, in a guest space over a certain time. Or even someone complained because they could not have guests park.

And then there is just the aggressive tow trucks who patrol looking for vehicles to tow. And the final reason is a pure mistake on the property managers part by calling for it to be removed.

Now I know I did not really help you much, but its hard to answer without further information.

She lives in Las Vegas, the complex is Individual housing that people rent. the call came from a neighbor. She was parked in a area the is designated for guest or occupants that may have an extra car. There is no time limit for this area. the owner that rented the house to my daughter and her mother told them that they could use that area for extra parking. She was only parked there overnight which is authorized. The Tow company said they are prevented by law from saying who called them. If the car is parked legally, how can the tow company justify towing it?

Answer
To me this sounds a bit fishy, as a person can have a vehicle towed if they are in possession and control of the property.  But common areas are different things.  
Bottom line is that someone called and had it towed, and for what I have found for laws it does look touchy.
At times I just have to say its one of life's lessons but I think there might be more on this, maybe the person who called thinks its their space or they are retaliating for loud music or something...  




Take a look at the Nevada State Law concerning this matter.

NEVADA LAW 487.038 - PRIVATE PROPERTY

487.038 Removal of vehicles parked in unauthorized manner on private property: Conditions; notices; liability for costs.

1. Except as otherwise provided in subsections 3 and 4 the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to jurisdiction of the public service commission of Nevada to remove any vehicle parked in an unauthorized manner on that property to the nearest public parking garage over storage yard if:

(a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner: and

(b) The sign shows the telephone number of the police department or sheriff's office.


2. Oral notice must be given to the police department or sheriff's office whichever is appropriate, indication:

(a) The time the vehicle was removed:

(b) The location from which the vehicle was removed: and

(c) The location to which the vehicle was taken.


3. Any vehicle which is parked in a space designated for the handicapped and is not properly marked for such parking may be removed if notice is given to the police department or sheriff's office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.


4. The owner or person in lawful possession of residential real property upon which a single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the services of any towing car public operator subject to jurisdiction of the public service commission of Nevada to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to subsection 1.


5. All costs incurred, under provisions of the section, for towing and storage must be borne by the owner of the vehicle, as that term is defined in NRS 484.091.


6. The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on the property.

(Added to NRS by 1973, 1110, A 1981, 985; 1995, 1607)

REVISER'S NOTE.

Ch.494, Sats.1995, the source of subsection 4 of this section, contain the following provision not included in NRS:

"The provisions of this act apply to a vehicle which is towed pursuant to NRS 487.037 or 487.038 on or after October 1, 1995."