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Board member of our residential development had our RV towed away, is this legal under WA state law

Asked over 3 years ago - Spanaway, WA

Our Rv was parked in front of our home in the development we live in--a board member called and had the RV towed away. Legally can this take place? I was under the assumtion that I must be notified in person or writing before any one could come onto my property and remove anthing that is righfully mine.

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Can the HOA send you a notice saying you have 3 days to move your RV--so you do so then you come back 5days later to unload the RV and they come 3 days later and try to tow it away. This was
now 12 days past the original "3 days". And what does it mean by "legal right to touch" Does
anyone on the HOA board have this right? And who now is liable for the damages caused? Should we pay the money and pursue this matter. Also having it parked partially on the sidewalk was the reason for this entire mess- isn't the sidewalk infront of a homeowners home their responsibilitie? Please help guide us in the right direction as far as seeking legal advise---

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Attorney answers (1)

Mitchell Melnikoff

Reputation Level 7

Answered over 3 years ago. Litigation Lawyer in Montclair, NJ.

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Under normal circumstances, unless someone has a legal right to touch your RV, he is committing a tort known as conversion, when he touches your RV. If he has committed a conversion, he may be responsible to you for damages for the unlawful taking and detention. A legal right to "touch" your RV may arise from a contract. You need to check your agreement with your development board to see if you gave the board member this legal right. In addition to damages for the unlawful taking and unlawful detention, you may also be entitled to punitive damages, money awarded against the person who committed the conversion to "punish" him and make him "smart."

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