I have lived at my current address for over 7 years. I'm leasing from a property management company. They don't own the unit. I have been driving the car the HOA had towed for years. It was parked legally and registered. The lease says that a car can be towed without notice if it is Inoperable, damaged, or not registered. None of this was the case with the vehicle that was towed. I literally drove it back to the same spot later that night when I realize it was towed. I have a security camera installed so I was able to determine what happened quickly. They claimed that since I had a bag on the hood that it appeared inoperable so they had it towed. Is that grounds to claim something is inoperable in the state of Florida? Leon County to be precise. The rules of the HOA state nothing other than what I listed. It does not go into detail at all. I got a notice earlier in the year that the same car had a flat tire and that it would be towed if it wasn't fixed. I didn't notice the flat and fixed the problem and that was that so I did not expect this to happen at all. How do you prove a car is inoperable. I would think that is a hard thing to uphold in court. Thanks for your response.
Maybe. There is no clear cut answer to issues such as these.
It would require an attorney to discuss your situation with you and review your lease and determine if its something worth pursuing.
You can see a landlord tenant lawyer or really any contracts lawyer for something like this.
Based on the facts as you present them, without reading the association documents, which must be done for a thorough and proper answer, it appears you may have a case. The question is are you willing to dig deep into your pockets to sue? It will cost you tens of thousands of dollars, which I am sure is a lot less than the tow fee. This is not a bodily injury case where you can get a lawyer to sue on a contingency and you pay only if you win.
You should have evidence the car was operable with the security camera you installed and could ask the HOA to reimburse you; however, if you live in a condominium (COA) versus a true HOA (single-family homes), you may be in violation of having altered a common area, which would put you at risk for fining or an injunction to remove the camera.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
I agree, the tow fee is likely a few hundred bucks and a lawyer to sue thousands. A bag on the hood is questionable as that is not normal. Which would you rather pony up? Show them your surveillance camera footage of the car moving and ask them to pay the tow fee for you and then you are compensated.
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