purpleskies
Junior Member
What is the name of your state (only U.S. law)? Arizona
Basically I am wondering if I could sue my hoa for selectively enforcing the cc&r's (thought that may not be the best way to describe it)?
Actually, all I want to get from them is the towing charge for when they had my vehicle towed.
Here's the situation: my vehicle was towed because the tag was expired. My issue is that I have been living here for over 2 years, most of the time that I have lived here there were a few vehicle that were in extensive dis-repair (flat & dry-rotted tires for example) that sat here for over 2 years before being towed. Also, there are 2 vehicle right next to my parking space, one with expired tags and one that has not moved in about 4+ months. The manager of the hoa said my vehicle was towed because it violated the cc&r's. But I see numerous violations of the cc&r's and nothing is being done about them or the other vehicles that are obviously in violation of the cc&r's. Other issue that I have is that they put a sticker on my vehicle over-night on Thursday (was too busy on Friday to be able to call the hoa) and it was towed early Sunday morning (about 1:30am), even though other cars have been tagged and still sat here for weeks to months to years.
I was thinking of taking them to small claims court to get my money back as I feel like they are harrassing me and enforcing rules on only select people and not evenly across the board.
Their justification of towing my car was (1) that is was in violation (which I don't deny, just didn't realize at the time) and (2) that they want to keep up the appearance of the property (even though other vehicles are in the same situation as mine or worse and there is units that the siding obviously needs repair, so the line about keeping up the appearance was a bunch of crap).What is the name of your state (only U.S. law)?
Basically I am wondering if I could sue my hoa for selectively enforcing the cc&r's (thought that may not be the best way to describe it)?
Actually, all I want to get from them is the towing charge for when they had my vehicle towed.
Here's the situation: my vehicle was towed because the tag was expired. My issue is that I have been living here for over 2 years, most of the time that I have lived here there were a few vehicle that were in extensive dis-repair (flat & dry-rotted tires for example) that sat here for over 2 years before being towed. Also, there are 2 vehicle right next to my parking space, one with expired tags and one that has not moved in about 4+ months. The manager of the hoa said my vehicle was towed because it violated the cc&r's. But I see numerous violations of the cc&r's and nothing is being done about them or the other vehicles that are obviously in violation of the cc&r's. Other issue that I have is that they put a sticker on my vehicle over-night on Thursday (was too busy on Friday to be able to call the hoa) and it was towed early Sunday morning (about 1:30am), even though other cars have been tagged and still sat here for weeks to months to years.
I was thinking of taking them to small claims court to get my money back as I feel like they are harrassing me and enforcing rules on only select people and not evenly across the board.
Their justification of towing my car was (1) that is was in violation (which I don't deny, just didn't realize at the time) and (2) that they want to keep up the appearance of the property (even though other vehicles are in the same situation as mine or worse and there is units that the siding obviously needs repair, so the line about keeping up the appearance was a bunch of crap).What is the name of your state (only U.S. law)?