Contracted Security Company working for HOA authorizing resident vehicles towed: What are the rules and regulations?

Asked over 1 year ago - San Diego, CA

I live in an HOA community, who are notorious towing nautzis of guest and resident vehicles.

Recently I had my car towed w/o warning because I was allegedly violating the parking rules and regs outlined in the association's handbook. I was parked in a resident marked stall with a resident permit clearly displayed on the dashboard. What I found out later, is that they towed my car because I was parked in another association's resident parking - even though it is the same gated community. I collected from them two separate handbooks that outlined all parking rules and regulations. There is no language contained in either those documents that say parking permits for each association is different and residents will be towed if parking with associations permit in another's zone. Please help!

Attorney answers (3)

  1. James Carl Eschen III

    Contributor Level 16


    Lawyers agree


    Answered . If you have tried to resolve the problem with the security company and the property manager without success, all you can do is sue the HOA and the security company in small claims court for the damages you suffered from the tow.

  2. Stuart Gregory Steingraber

    Contributor Level 18


    Lawyers agree


    Answered . Matters such as this one are annoying, with relatively small amounts of money involved. Small claims court should be the place where this is resolved. Name the HoA and the towing company as defendants. Good luck.

  3. Newton Munro Merrick

    Contributor Level 10


    Lawyer agrees


    Answered . You have not mentioned whether the sign on the parking space identified the association to which that space was allocated. If there was no such ID, you have a good case to file in small claims.

    How did the tow company (or whoever authorized the tow) that you were not a resident of THAT association? It would appear that your permit must be different from those of the other association. Otherwise, how wold he know you were not authorized to take that spot.

    First I would try a low-key letter to the other association board, stating that your error was caused by their failure to identify thes pace as theirs, and ask for your tow money. If not successful, serve them and contact them again before trial, adding the filing fee and service costs. Still no go? The small claims judge should have no problem giving you your tow charges plus filing fee plus costs to serve the complaint.

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