QuestionHello. I was visiting my sister at California Maison HOA in San Jose. I got there at approx 6PM on May 30, 2008 when I went outside at 11AM May 31,2008 my car had been towed. There are NO signs posted in the parking lot stating no unathorized parking or violators will be towed with a towing companys number...like there should be. I searched for a sign, number, on site office or property manager couldn't find anything. Finally a resident directed me to the mail box, way in the back by the dumpster the HOA rules and regulations were posted. Regarding parking and towing, it states any visitor not parked in the "designated" visitor parking without a permit for 72 consectuive hours without moving will be towed. Obviously I had been there less than 24hours, and most importantly.....there are no signs anywhere in the parking lot saying it's a resident only parking lot, or where the visitors parking lot is. What should I do about this? I feel my car was illegally towed and now I have to pay the fines for it. Help please! Thank you!
AnswerWell welcome to the headache of a HOA..
Basically the easy answer is that a HOA operates as a "mini city" in the sense that they make rules for the association and the rules tend to prohibit parking at certain times and in certain places...
One of the most common is no parking on the streets at night...
Now as to signs, generally there are signs posted at the entrances to the complex according to state law.
I will put up a link to the California DMV web site and you can do a search regarding parking laws, sign laws and such. But like I said they also have different sections for HOA's, private parking lots, and the like...
I know its kind of a "brush off" but this will allow you to search and follow the laws and applicable sections which apply to your case, since I would have additional questions you would have the answers for.
Now as to the "permits" for visitors, that would be handled by the association office and since it was night time they would not be open...
Now I know its late, but have your sister check into the visitors permits and see how you can get one, do they give them out to tenants to use for visitors or are they "individually issued"
As to paying the fines and fees to the tow company, that is normal but remember that you have to option to go to small claims court for this. I can not tell you if you would win or lose, it depends on your arguments and evidence you present to the judge.
But to me it does sound as if they are a bit lacking in signs, but again I am not there and can not see the whole complex.
http://www.dmv.ca.gov/pubs/vctop/vc/vc_index_p.htm
