Towing Issues: Towing an Owners Vehicle from Pkg lot of Condo Property, removal processes, state of massachusetts

Question
Is it legal in the state of Massachusetts to tow an owner's vehicle from the parking lot of a condominium complex during a snow storm?

Answer
Well first of all, a Condominium complex is private property owned by the association who retains "GROUND RIGHTS".
Second even if you "bought your condo and the parking space" they have to maintain the property in summer and winter also.. Snow removal processes do require that vehicles be moved to allow for the plows to get all the snow out of the parking areas and the walkways..

Now I know that some places the management does tell you to move, some the plow company does knock on doors as an convenience, but it still boils down to a few things..

First you have a contract where you have the "right to park" in your lease..

Second the association has a "right to maintain" in the lease also.

Third the association has a "contract to perform" to maintain (IE Paving, Snow Removal, Space markings) with companies who if they do not do the WHOLE JOB then they might be in violation of contract also...

Now I take it you were not home when the vehicle was towed and as such you were not able to be notified. That is one of the gray areas here in the question...

But in a "GENERALIZED ANSWER" yes the association does have the right to have vehicles removed from private property... It might even be spelled out in your lease agreement.
Check out the link below for more information on the laws

Hope this helped.



************ link to a Mass Law regarding towing ********
http://law.onecle.com/massachusetts/266/120D.html