Towing Issues: Car got towed due to seal coat work without any signs on the street!!, chula vista area, hoa board


Question
Can you please help me.  I feel as though I have been violated of my civil rights (including 3 other families).  I live in the East Chula Vista area in San Diego County.  As you may know they are always building something new around here.  Well, two days ago my vehicle was towed in front of my condominium home (which is a private property to begin with).  The condominiums I live in do not have assigned parking, so this becomes a huge problem for the residents. Many times we are forced to park out on the street.  Well, about two weeks ago the homeowners  association mailed out a notice that seal coat work was going to be done on the pavement right outside the condominiums.  The dates were specified, but the map was terrible!!  You just had no way of knowing where the work would start or end.  Now, this notice was mailed out, which was a good thing to know ahead of time, but who is going to remember this two weeks later.  Especially when you get home late from work and there is no parking to be found inside your complex.  I would assume complete  responsibility for my carelesness if and only if there were signs marking off the area the night prior to the work being done.  Due to the contractors and HOA Board's inadequacies, I was penalized a fee of $305 (As it is I feel as the HOA Board already receives enough of my money if you know what I mean).  Can you please point me towards some legal rules or guidlines.  I want to justify my complaint in form of a letter by finding something that says they must have marked off the area prior to initiating work regardless of any communications sent to the homeowners prior.

Thank you,
Sam Rivera

Answer
Sam,
Sorry it took me a couple of days to get back to you. It sounds to me like you are describing a terribly drawn map that was mailed to you along with the notice that street work was going to be done. If I were you, I would photograph the area where your car was parked, copy the map that was sent to you, and at your next H.O.A. meeting explain to the board that you most definitely hold them responsible for not mailing out a map that was completely legible. Let them know that due to their negligence in notifying the homeowners exactly which parking spaces should have had vehicles removed prior to the work commencing, your vehicle ended up being towed. Tell them that you will take legal action against them if they do not reimburse you for the towing charges. As for signage requirements, I couldn't tell you for sure what the law states. Since it was on private property, you should ask someone in either law enforcement or an attorney. You may try to ask Chuck Quinlivan. He's an investigator with the California Department of Motor Vehicles, and his telephone number is (858)627-3951. If he's not available, then one of the other investigators in his office may be able to answer your question. Good luck to you. I hope that maybe I've been able to help a bit.