Towing Issues: Illegal Tow by Homeowners Assocation, speed limit signs, hilltop rd


Question
I live in Maryland (e.g., Anne Arundel County, Pasadena). I believe my guest had his car illegally towed. Here are the facts.

1.) Car was parked on a public road that goes thru community. All other roads are privately owned by community association (e.g., verified by state plats).
2.) The road has no curb. The cars right two tires were on grass. This is why the car was towed.
3.) Homeowner's Association claims they had the right to tow because this rule was mailed to homeowners and posted on their web site.
4.) The closest parking sign reads "No off street parking" but this sign was past the point where the vehicle as parked. My guest parked on Hilltop Rd about 10 yards prior to a cross street named Waterway. The "no off street parking" sign is on Hilltop but 10 yards on the other side of Waterway.
5.) Association President claims they contacted police and to talk to towing company for pictures and police officers name. The manager of the towing company claims he has a license to tow without police involvement.

I have read the Annotated Code of Maryland and the Anne Arundel County Code. It states that the "Police" can have vehicle towed from public roads.

What is the relationship between the two codes? Does one supersede the other? Sections of both codes discuss "parking lots" and penalties of $550 1st offense (AAco Code) and triple amount from MD code.

Do we have a winnable case for MD Small Claims court? If, so what kind of monitory damages can we ask for?

Many Thanks,
Mike


Answer
Mike, while I would love to take a stab at answering this question, there is way to many issues which I am not qualified to answer here.

Generally the difference between "Public roads" and "Homeowner Association roads" tends to be a very fine line...

Signs and how they are posted tend to also be issues, but remember that signs do not need to be posted every 2 feet,  look at speed limit signs, we know that it applies till you get to the next one...  

I would suggest talking to the association president a bit more about this issue and if it did not solve it for you, then check with a lawyer... I know that small claims court does not use lawyers but talking to one before filing can always help decide if it is a good case.