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  1. #1
    purpleskies is offline Junior Member
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    Can I sue my hoa?

    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)?
  2. #2
    DAD10 is offline Registered User
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    If your parking space is assigned-and your real property-then the tow was in all probability unlawful (CC and R's possibly have further restrictions) however they cannot be more restrictive if not lawful-example no purple vehicles allowed etc.
    If the above applies-take them to small claims court (space is real property).
  3. #3
    CourtClerk is offline Senior Member
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    I'm sorry, but where does it say that selective enforcement is illegal?
  4. #4
    DAD10 is offline Registered User
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    If the parking space was PART of their real property then the tow was probably unlawful. That remains unknown.
  5. #5
    CourtClerk is offline Senior Member
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    IF the vehicle was parked in violation of the CC&R's, which we can all assume the OP was provided at purchase.... no, it's not - and again, selective enforcement is not illegal.
  6. #6
    DAD10 is offline Registered User
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    Quote Originally Posted by CourtClerk View Post
    IF the vehicle was parked in violation of the CC&R's, which we can all assume the OP was provided at purchase.... no, it's not - and again, selective enforcement is not illegal.
    It remains unknown what the CC and R's read.
  7. #7
    NC Aggie is offline Member
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    Quote Originally Posted by DAD10 View Post
    It remains unknown what the CC and R's read.
    In all likelihood, the CCR does have restrictions about the parking of cars with expired or no tags. It really doesn't matter if the parking space was part of his real property is considered common area because most CCR are inclusive of both common areas and private property within the community. Additionally, if you violated the CCR and freely admit it (rather you knowingly did or not), I honestly don't think you would have a case and shouldn't waste your time or the court's time because the claim of "selectively enforcing" the CCR wouldn't be a valid argument unless you can provide a valid argument on whey they selectively enforced the CCR (if that's the case).
    Last edited by NC Aggie; 05-05-2010 at 07:47 AM.
  8. #8
    FlyingRon is offline Senior Member
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    Often action against non-compliant homeowners is only made when someone complains. Not all HOAs have the resources to go actively searching for violations.

    You can sue the HOA, but you have to figure out what you think the outcome is going to be. If you were in violation, you aren't getting anything with regard to your tow (though they may decide to either step up or stop enforcement of others as a result). Of course, you will in fact be subsidizing their defense of your action with your dues.
  9. #9
    HomeGuru is offline Senior Member
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    Quote Originally Posted by purpleskies View Post
    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)?
    **A: you have no case.
  10. #10
    purpleskies is offline Junior Member
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    Sorry its been so long since I have checked this board. I thought it would email me when there was a response, but I did not set the notification to do that.

    I was a little upset the first time I posted a question, so I want to clarify my qestion. I guess my question should have been, is it legal for a HOA to tow a vehicle out of an assigned parking spot without the condo owner's permission? Is the parking spot not considered personal property (seeing it is assigned to a particular unit) and therefore it would only be legal to tow with the owner's permission?

    If you know of the state statutes or city ordinances that cover this, I would greatly appreciate it if you could let me know what they are. This question pertains to a vehicle being towed in Mesa.

    Thanks
  11. #11
    HomeGuru is offline Senior Member
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    Quote Originally Posted by purpleskies View Post
    Sorry its been so long since I have checked this board. I thought it would email me when there was a response, but I did not set the notification to do that.

    I was a little upset the first time I posted a question, so I want to clarify my qestion. I guess my question should have been, is it legal for a HOA to tow a vehicle out of an assigned parking spot without the condo owner's permission?

    **A: yes, in various circumstances such as a violation of House Rules etc.

    ###########

    Is the parking spot not considered personal property (seeing it is assigned to a particular unit) and therefore it would only be legal to tow with the owner's permission?


    **A: read your CC&R's. A parking stall is not considered personal property but rather a limited common element.


    ##########
    If you know of the state statutes or city ordinances that cover this, I would greatly appreciate it if you could let me know what they are. This question pertains to a vehicle being towed in Mesa.

    Thanks


    **A: city and state ordinances do not apply on this private property governed by the HOA.

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