She parked where everyone else has parked for the last two years when they visit and no one else has ever been towed. My lease is below:
Any vehicles not registered to a current resident will be towed without notice and the owner of the vehicle will be responsible for all charges impound fees. Guests may not be parked in the complex for more then 3 hours without prior written approval of management. Only the vehicles listed here are authorized to park in the complex.
Inoperable vehicles are NOT permissible. Absolutely no auto repairs are to be done on the property, this includes oil changes. ** Visitors are not permitted to park in numbered spots. Any vehicles parked here for more then 3 hours must be registered with management or they will be towed at the vehicle owners expense.
If the parking provision says that they can be parked for up to three hours and the vehicle was towed after being parked for only one hour that is likely an issue for the management. Any remedy likley belongs to your guest.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210
Family Law Attorney
Based on the facts you presented, it appears the vehicle should not have been towed pursuant to the terms of your lease. It is possible that other factors were involved.
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