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    • Lease vs HOA
  • 79799
Question from piglet12584Nov-5
i live in Onslow County NC. last night my neighbor towed my vehicle claiming that the spot my vehicle was parked in was "theirs". According to my neighbor in her lease agreement she is alotted two spots. the one numbered and the one next to it (my vehicle was in the unmarked spot next to her marked spot and it was parked PERFECTLY between the white lines). according to the Homeowners Association each "resident" is entitled to two spots. One marked spot and any unmarked spot is on a first-come-first-serve basis. i called the police but the dispatcher said that the townhomes i live in are under HOA therefore private property and the police will not tow a vehicle. the "resident" that towed my vehicle paid for my vehicle to be towed out of her own pocket and i have to pay $300 to the towing company to get it back.i have already submitted a claim to my homeowners assocication. my questions are as follows
1. does the homeowners assoc. trump any lease she may have?
2. is there any way to get my vehicle back without paying the towing fee?
3. do i have to/ or can i take the "resident" to small claims court?

thanks for any help
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Fallen Nov-5 79799.2
Please make sure to use proper capitalization and spacing between sentences in future posts.

"the "resident" that towed my vehicle paid for my vehicle to be towed out of her own pocket and i have to pay $300 to the towing company to get it back."

Sorry, but if she paid to have the vehicle towed, why do you "have to" pay $300 to a towing company to get it back?  You might want to ask your city-county government what regulations they have on tow companies.
 
"i have already submitted a claim to my homeowners assocication."

Your homeowner's association isn't going to pay any "claim", nor is it responsible for what some whackadoo tenant did.  You sue that tenant (though you'd clearly want to send a nasty note to the owner of the property about his-her tenant's behavior).
 
"does the homeowners assoc. trump any lease she may have?"

I'm not sure what you mean here.  If you were in unmarked space, she wasn't entitled to tow your car.  HOA has no involvement in this.

"is there any way to get my vehicle back without paying the towing fee?"

Addressed earlier -- I thought you said that the neighbor supposedly paid for the tow.  As such, why would you have to pay $300 to the tow company?  (Have you let it sit in the tow yard for days or weeks?)

"do i have to/ or can i take the "resident" to small claims court?"

We can't possibly know what you will *have* to do to resolve this, but of course you *can* sue this person.  I suggest you get your car out of the tow place (after confirming what operating rules-regulations may apply in your city county) before you rack up a ton of storage fees.  Then I'd go after her.

thanks for any help
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