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Car booted in my own condo parking space


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#1 bxgrl02

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Posted 23 February 2013 - 03:56 PM

I am not sure WHICH topic this technically falls under, so if not here please point me in the right direction! I own a townhouse in a condo association in S. Fl.(Broward county), for the last 7 1/2 yrs now. And for that entire time, with the 3 separate cars I've owned in that time, I have been backing into my parking spot. For those who may not know, down here we only have 1 tag, in the back, unlike the 2 I had when I used to live in NY. There is a sign as you drive in saying "illegally parked cars are subject to fine/towing" or something along those lines. We also use parking stickers, which I have. Yesterday(Fri) morning I found a sticker on my car from some never heard of towing company saying I was being "warned" for backing in/no permit(the idiot never looked on the front window, where I keep it to make it easier for anyone to see since I BACK in).Having NEVER been notified by the HOA that we are required to have the tag visible(pull in front first) I completely ignored it and fax a letter to our management office questioning this. And of course I parked as I always do last night...only to come out today(Sat) to find my car BOOTED! Aside from the $120 it just cost to get it off I want to know how LEGAL all this is? After being shown a SIGNED order/contract(dated Nov 2012) stating he was to look for violations including cars backing into spaces, I decided the tow guy was really only doing HIS job but vowed to not let this go! He assured me he was told my our Board Members our Homeowners Documents state just the same-we cannot back into our parking space. Funny thing is, I just read them and the part on parking ONLY says we need to have our Parking Permits displayed. NO word on HOW we must park!!! We were never given any letters, updates, notices that they would be changing the rules on this and my ONLY notice was this warning sticker from someone who had no authority over anything from my side of the fence. Now no doubt after my nasty email gets read by whoever on the HOA reads it, we WILL be notified of the change. But that does not get my lost day and $120 back! I want to know if there is any way to pursue further action or am I just screwed?

#2 adjusterjack

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Posted 23 February 2013 - 06:03 PM

You could sue your HOA in small claims court and see how that goes.


This is just one more reason that I'd never live in an HOA. Too many HOA NAZIs on power trips.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Fallen

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Posted 26 February 2013 - 12:42 PM

I have to take (very slight) issue with use of "Nazis" as it relates to HOA folks. Tyrants might be better?

"... I want to know how LEGAL all this is?"

Not unlawful if the HOA has parking restrictions and the sheep (erm, homeowners) don't participate and exploit/use the system to boot (no pun intended) out the over-zealous board members and change the rules.

I'd feel free to send a nasty note to the board/HOA and make sure all members of board get it saying you expect the HOA to cough up dough to you for this, or get the tow company to refund dough and cease-desist this policy. If they've updated the regs, we cannot know what kind of "notice" if any they are required to give you according to those regs/rules.

"We were never given any letters, updates, notices that they would be changing the rules on this and my ONLY notice was this warning sticker from someone who had no authority over anything from my side of the fence."

I wouldn't presume they won't say "you were given notice as of X date."

Always best to be nice/polite professional (vs. nasty) unless it's time to be nasty (which is not right out of the gate, because it makes you look bad/undermines your position).

"I want to know if there is any way to pursue further action or am I just screwed?"

You can't expect us to know the answer from here based on info provided. At very least, sounds like it's time to get involved in HOA governance.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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