As my wife and I were sleeping, our condo's security company placed warning stickers on both our cars. The stickers state that the warnings were placed on our cars at 12:14 and 12:15AM. At approximately 2:15AM (two hours later), we were woken up to the sound of one of our car’s alarm. As we ran out our front door, we were stopped by three condo security officers that specifically stated that that our homeowner’s association ordered that all cars without a parking pass be towed.
We have been at this condo for about ten months. My two cars are registered with our HOA. I have called in twice to request parking passes. Final issue is, in my opinion, the tow truck and security company did not give us adequate waiting period to adequately react to this warning. Will this fly in small claims?
Landlord / Tenant Lawyer
It isn't a small claims problem - at the tow company, they will have forms for you to fill out and file to contest the validity of the tow (s). This happens at the local district court. You have a very limited time to contest the tows, so don't miss the deadline.
The real issue when a tow company takes a car off private property (this is inapplicable if the car is parked on a public right-of-way) is whether or not the parking lot was posted. In other words, were you adequately warned of the consequences of failing to park in the right place/registering your cars/displaying a pass? You can prove this best by taking photos of the spot where your car was parked, and turn around to demonstrate what you could see when you parked. You *should* have letters showing the efforts you went to to get the passes you were promised.
If you want your HOA to give you the parking passes, tell them in writing. As you have no doubt noticed, the calls are ineffective.
Hope this helps. Elizabeth Powell