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Need help quick! - 11/10/2008 11:58:18 PM   
moonvine


Posts: 780
Joined: 11/7/2004
Status: offline 		My HOA decided to tow my car.  It was parked legally in one of my two allotted spaces.   I called the police to report it stolen and they told me it was towed.  I called the towing company and they told me the HOA had had it towed.  I asked them how they could do this and the towing company told me the HOA had carte blanche to have any car towed for any reason.

I don't have an extra $214.  I'm unemployed and on unemployment insurance and I just don't have $214 extra to retrieve my car...I need help...suggestions...ideas..something.  I hate HOAs.  I'm not parking on HOA property again, even though I OWN my unit...argh...
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RE: Need help quick! - 11/11/2008 12:03:16 AM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		What did the HOA pres say when you called them, or went knocking on their door?  If you followed the rules, they need to get it back for you.  Practically speaking though, you might have to pay to get it out then sue them in small claims court to get your money back.

NotALawyerCali


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(in reply to moonvine)
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RE: Need help quick! - 11/11/2008 12:08:20 AM   
moonvine


Posts: 780
Joined: 11/7/2004
Status: offline 		You get a recording when you call that the office is closed, it is 2:08 am here.  I sent them an email.

(in reply to CalifChick)
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RE: Need help quick! - 11/11/2008 12:15:55 AM   
came4U


Posts: 3572
Joined: 1/23/2007
From: London, Ontario
Status: offline 		Home Owners Association?

You were on private property.  Pay the fine.  Likely you have onus since most of the HMA's rules have been broken in Texas because of:  Code 19??, Ordinance No. 12?? or you did not have a overnight visitor pass/  Most HMA's have no parking in the street policty too. 

Do you expect someone to pay your tow fee? argh....

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(in reply to moonvine)
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RE: Need help quick! - 11/11/2008 12:48:55 AM   
GreedyTop


Posts: 52100
Joined: 5/2/2007
From: Savannah, GA
Status: offline 		keep after them... as long as you were following their rules...

(wait.. could it have been one of those 'unsightly' things? My moms HOA sent her nasty grams when my 'not up to standards' truck was parked in her driveway...not because it was inappropriately parked, but because it wasnt up to the *koff* standards of the HOA)


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RE: Need help quick! - 11/11/2008 1:42:55 AM   
moonvine


Posts: 780
Joined: 11/7/2004
Status: offline 		Well, they didn't send me any nasty grams.  I'm annoyed, but was going to give the thing to charity anyway, I called the impound yard and they said I could come get my personal unattached items out, so I am going to do that tomorrow.

(in reply to GreedyTop)
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RE: Need help quick! - 11/11/2008 1:53:35 AM   
AquaticSub


Posts: 14867
Joined: 12/27/2005
Status: offline
quote:

ORIGINAL: GreedyTop

keep after them... as long as you were following their rules...

(wait.. could it have been one of those 'unsightly' things? My moms HOA sent her nasty grams when my 'not up to standards' truck was parked in her driveway...not because it was inappropriately parked, but because it wasnt up to the *koff* standards of the HOA)



Mmm.. wonder if that works in reservse? One of my neighbor's friends like to park their fancy car *RIGHT* beside our driveway so that we can barely make it out without hitting it...

To the OP: I wish I had some advice but I don't. If you have copies of the rules and you can look through them but you probably won't be able to do anything till later when everything opens up.

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(in reply to GreedyTop)
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RE: Need help quick! - 11/11/2008 5:10:39 AM   
OneMoreWaste


Posts: 910
Joined: 8/24/2008
Status: offline 		Take a deep breath, and get yourself over to the HOA's office when they open (or if it's only a part-time thing run by residents, show up at the president's house bright and early) and demand to find out what the hell they think they're doing. If you had a right to that spot, then they need to fix this situation. 

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RE: Need help quick! - 11/11/2008 5:14:43 AM   
Dnomyar


Posts: 7933
Joined: 6/27/2005
Status: offline 		Ok un dummy me. What is HOA.

(in reply to OneMoreWaste)
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RE: Need help quick! - 11/11/2008 5:20:41 AM   
Cuffkinks


Posts: 1780
Joined: 5/5/2004
Status: offline
quote:

ORIGINAL: Dnomyar

Ok un dummy me. What is HOA.


HOA = Home Owners Association

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(in reply to Dnomyar)
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RE: Need help quick! - 11/11/2008 5:35:43 AM   
Dnomyar


Posts: 7933
Joined: 6/27/2005
Status: offline 		Thank you. They are trying to get us to organise one where I live. Not going to happen. The people here are to independent. With the local laws in this town it would be a useless organisation anyway.

(in reply to Cuffkinks)
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RE: Need help quick! - 11/11/2008 7:24:08 AM   
IAMChristine


Posts: 588
Joined: 11/4/2008
From: Salt Lake City
Status: offline 		this is exactly one of the reasons i won't ever live somewhere where there is an HOA.  it's bad enough in the apt. complex i live in, they have a towing company come through every night, if there is a car with a flat tire, or expired tags etc they'll tow it.  i just hope i don't ever get a tire that goes flat overnight.

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RE: Need help quick! - 11/11/2008 7:31:16 AM   
LaTigresse


Posts: 26123
Joined: 1/15/2006
Status: offline 		Thank god for my little slice of rural heaven. I would never ever live where there was a HOA. I think I would live IN my vehicle first!

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RE: Need help quick! - 11/11/2008 9:26:24 AM   
moonvine


Posts: 780
Joined: 11/7/2004
Status: offline 		Yes, I didn't want to live in an HOA area, but it was all I could afford. 

(in reply to IAMChristine)
Profile   Post #: 14
RE: Need help quick! - 11/11/2008 12:50:17 PM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		Sue, that is what tort law is for. Go back to the police and attempt to report it stolen, they will again say it was towed, tell them it was stolen nonetheless because no authority existed to have it towed. In most places they will tell you it is a civil matter. Get something in writing.

Go down to small claims court and sue for a maximum amount in that jurisdiction. Make your case, that among other things you needed the car to look for a job to get the car out all this. As long as your car had the legal right to be there, as far as I am concerned it was stolen. Now remember this means that all fees must be paid up to date at the time and if there is any type of sticker or marking on the car that is required to identify it as being legally there, must have been all in place at the time.

Also if you were parked on piblic property and the car had current plates on it, you have them by the balls.

I can help you build an effective prosecution if you like, but I would prefer to keep it out here. Other may learn something, and some may have some more ideas. I would never take this lying down. As long as you are in the right, FIGHT. You don't need guns or a strong body, all you need to do is use your noggin.

T

(in reply to moonvine)
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RE: Need help quick! - 11/11/2008 1:01:12 PM   
KatyLied


Posts: 13029
Joined: 2/24/2005
From: Pennsylvania
Status: offline 		I'm not in an HOA, but just a few weeks ago I had a car towed from my designated parking place at work.  I had no choice, every space in the lot is permit parking only.

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RE: Need help quick! - 11/11/2008 1:08:35 PM   
stef


Posts: 10215
Joined: 1/26/2004
Status: offline 		Was the vehicle unregistered or otherwise undriveable?

~stef


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(in reply to moonvine)
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RE: Need help quick! - 11/11/2008 1:18:20 PM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		Speaking of this undrivable bullshit, they just tow cars that have a flat tire ? That is bullshit. You get up and are going to work and discover a flat tire. Oh shit now you will be late because you have to get the jack out and all this, but instead they tow the car and you have to pay to get it out AND still have to fix the flat tire.

Doesn't anyone else see something wrong with this ?? They are trying to kill us it seems.

T

(in reply to stef)
Profile   Post #: 18
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