QuestionMy boyfriend and I recently (within the last month) relocated to Palm Beach County, Florida, where we rented a home in a gated development with a HOA. When we moved in, we were not advised of any of our community's policies, nor were we given a handbook to review. Additionally, our lease states nothing about the HOA or abiding by their policies. In our first week, we met our neighbor, the president of the HOA Board, who told us about garbage day, recycling day, policies regarding landscape maintenance, etc - but never told us about any parking regulations.
Last week, while finishing the last of our unpacking, one of our garage stalls was filled with boxes to go to Good Will, and I opted to park my car on the street (it recently developed a small oil leak, so I didn't want to park it on the driveway, which has pavers on it, for fear of leaving a stain). This is the first time that my car was ever left parked on the street overnight, and in our month with the development, we see cars parked on the street DAILY.
When I woke the next morning, my car was gone. My boyfriend had the peace of mind to drive out of the development and get the number for the towing company (which has a sign posted stating "Unauthorized vehicles will be towed at owner's expense" OUTSIDE the development in a cul de sac entranceway).
After confirming that my car had been towed, I was forced to wait nearly two hours (from 9:15 am - 11:15 am) for someone to meet me at the impound lot where my car had been taken (even though I was told that the person in question would meet me there at 9:15). When he finally arrived, I pointed out extensive damage to my car, which he refused to mark on the release form, saying, "We don't damage cars, lady. You must have done that." He then insisted that I pay him cash, even though he had a Visa and Mastercard sticker in his window. When I questioned this and said I didn't feel comfortable paying cash, he told me that if I "told him how to run his business" he'd call the police and that they would escort me off his property and I wouldn't get my car back. I relented, paid cash, and raced off to work (I was now 3 1/2 hours late). After getting out of a meeting, I had a voicemail from the same impound lot attendant telling me that he didn't have the cash that I paid him, demanding that I return and pay him a second time, and threatening to report my vehicle stolen (I did have a receipt and release form for the cash transaction). By the time that I'd gotten this, he had called to report the car stolen, and my boyfriend (who he called and threatened also) had gone back to the impound lot to speak with him and was forced to pay for the impound a SECOND time (this time, he insisted on paying by card and miraculously the card machine was now working).
At the end of the day, I had paid nearly $300 for my car to be impounded with no knowledge that I'd violated any parking regulations, and I have nearly $1000 in damage to the vehicle. When I spoke with board members and the property management company, I found out that not only was this company not authorized by either group to tow in that community (but rather, one board member signed a deal with them on his own), but that the management company had sent them a cease and desist letter a week before my car had been towed, demanding that they take their signs down and stop work with the community.
Yesterday, after nearly a week, I was finally able to obtain a copy of the community handbook, which doesn't state anything about parking on streets overnight. Instead, it reads:
"No overnight parking shall be permitted on sidewalks or swale areas, and all parking shall be in driveways on Lots and/or designated parking areas within the property." - - Because parking is permitted on streets during the day, I take this to read that it should be all or none (either no parking on streets at all, or that it should be acceptable at all times - since it doesn't specify anything about overnight parking.)
I'd like to get my car fixed, but I'm not sure what I can do. Additionally, since the towing company wasn't authorized by the board or management company to be in the neighborhood, and since none of the board members authorized the towing, since the company was notified to stop activity with the neighborhood, AND since I wasn't explicitly violating our community policy, I feel like I should report that my car was stolen. Can I do this??
AnswerWOW, this is a can of worms...
But after reading it a few times, I hate to say it but this tow company sounds like one which unfortunately does give the towing industry a black eye...
Best answer I can give is talk to a lawyer about this as it sounds very illegal and as such this company has broke a few laws that I know of about towing...
And to play the game with the payments and make you pay twice, well that is wrong...
Also I know that the palm beach area has some problem tow companies, but I also know there are more "good tow companies" there than bad ones...
As to your HOA having the problems with parking on the streets at night that is a very common provision in the agreements and many cars get towed that way.
Sorry for not providing much of an answer here, but the lawyer is the best deal for dealing with the tow companies actions and the damages they did...
