Towing Issues: car towed due to delinquent condo association fees, small claims court, storage yard

Question
QUESTION: hi.  my car was booted by my condo association for delinquent maintainance fees.  i have been disputing this debt for some time, but got the boot anyway.  after it sat in the lot for 2 weeks with the boot, it got towed.  the tow company said i had to get a release from the association for them to remove the boot; but can they require that in order to release the car from impound?  i would pay the boot and tow charges, i just dont want to pay this disputed debt - the court case is pending.  atlanta georgia

ANSWER: HaWell each and every day the vehicle sits in the storage yard it increases in cost...

Now as the tow company requiring the release from the condo association, that would be general practice. After all the association does have the right to have it towed if there is a dispute or parking issue...

Court case or not, they have some rules they have to follow also.

Now, you can always pay the towing and storage, boot fees and the disputed charges and get the vehicle back and then add all those charges into the court case and see what the judge rules.

I am sorry that it happened, but towing from private property has some rules in Georgia and this tow kind of fits into the gray areas of the laws...

Have you talked to your lawyer about this, or is it a small claims court case... That might be a good idea to discuss this with a lawyer.

---------- FOLLOW-UP ----------

QUESTION: Is it really general practice to require a release from the association in these circumstances?  I understand its permissable to tow from private property under certain circumstances, but i thought only the city had the authority to detain one's property, and even then only under certain conditions.  Without any sort of court hearing, that would seem to pretty much amount to conversion of property.  Under what circumstances is a release from the association required?  Thanks, by the way, for your help!  atlanta georgia

Answer
well look at it this way, if the bank had your car towed cause  you were behind on payments, do you think that they would just take  your word at the tow company that everything is correct and let it go?


Proof, that is what they need, just like what you need in the pending court cause you have...

Conversion of property is a very touchy subject and as such I really can not tell you answers on that. A lawyer would do better on that, as I an just a tow truck driver who volunteers here on the board..

Good luck on the court case.