HOA towed my cars without notice

[gmcjetpilot]

What is the name of your state? North Carolina, Morrisville

This is a free standing "town home" connected with only a small wall between one next to me, but they are separate units. Basically its a free standing home just close to another home with a little storage unit connecting them together. The community has several subdivisions from regular homes, larger homes, true condos and town homes like mine. I have my own drive and garage.

The two cars where right in front of my house. There is an empty lot next to my house so the cars are in front of my house or the lot. I park in the street or drive.

I have two cars that where towed, both drivable and in good condition on Jan 14th.

I WAS NOT NOTIFIED. I discovered they where towed 40 miles! away on Jan 17th.

Car one was out of date, license and inspection sticker. I was not driving it but it is "operable". It had tax paid and insured but just was not driving it. It was sitting for several months since I brought it back in state, where I was working part time. It was always licensed in NC.

Car two was driving regularly and in license till Jan 15th and inspection till end of Jan. When they sent a letter out mid Dec, the tabs where good 100%. Although the tags expired Dec 31, North Carolina has a 15 day grace and I ordered new tags (the one that changes the date from 06 to 07). Even though the tags where not on the car, it wsa re-registered for 07; I was just waiting for the sticker. I was not aware of the impending towing at all.

The HOA voted on the cars apparently and the property management did the dirty DEED. They sent a non-certified bulk letter was sent on Dec 12, I later found in my unopened junk mail after the cars where towed. I was out of town at the end of they year. The letter was in a nondescript envelope. No return receipt or certified. It was just like the ones they send out to let you know about trivial matters of little importance, like new garbage cans will be issued. I have auto pay so I don't send checks out for HOA dues, so I know its not a bill.

The letter said they would tow my cars if not corrected by Jan 2 and I would get three tickets. The letter made two faults statements: On car two the tag and inspection was not expired when the sent the letter or when they towed it. They claimed the tire was flat. NOT TRUE.

Tickets: After the cars where towed, I found one ticket on one car, the red one dated 12-06-2006, before the letter was sent. The small post note sized ticket was stuffed under the hood and out of sight. I never saw it. The ticket by a security company that I have never seen in 5 years. I called them and they had no records but remembered he thought they had written one or two tickets. They could not find the tickets? The one ticket I found was weathered but saw the date 12-06-2006 and the ticket has no ticket / serial number. Ridiculous.

My main complaint is they did not notify me properly. The bulk non certified letter had no return signature. I was out of town as I am many times and did not find it. How can that be OK.

Second on the 14th my car two was legal. There is a 15 day grace and the inspection was good till Jan 31. The tire complaint was a FRAUD. It was a few days a month or so ago but never flat. I put air in it long ago. It was fine after that and was fine on Dec 12th, Jan 2nd and Jan 14th when they towed it with the other car.

Last but what is Operable. Both cars where sound Acuras.

My desire is to make them more responsible and recover my cost or more.

The cost was $350 to recover my cars, late on the 17th. I put the tabs on both cars and renewed the inspection on car two the following day the 18th, car one will get an inspection on Monday but the plate is current and it runs. That car did have a waver on inspection because I stored it out of state for a few years and only moved it back to NC last year. Regardless I will get that resolved Monday. I am waiting for them to tow it again.


To add insult they did not know where the cars where. I was of course shocked the cars where gone. They got a REPO man to tow them in the middle of the night. When I saw they where gone I was shocked but collected my self and called the Property Manager. Said she YEA WE TOWED THEM, but did not know where they where. I had to wait for 2 hours for a call back. When I said I will refer this to my lawyer, she threatened me, well I'll tell the police that you are driving illegally. That is not true of course because I had the 15 day grace and the inspection was good, despite the claim it was not. The car was legal till the 15th and in fact I had paid for the tabs, just not displayed. The inspection was good till end of Jan. The other car was not being driven but is perfectly fine and nice looking.

Thanks George

What is the name of your state? North Carolina

[IndianaOwner]

Did they know they were YOUR cars? If so, it would have been nice for them to have called you and made sure you were aware of the situation. In fairness, you were sent a letter.

I understand you are upset. I would be too. But I doubt that you have any grounds to have the HOA pay you back. You must have known there were complaints regarding parking in your development, right? Normally these things are complained about for a long time before anything is done about it...including mentioned in newsletters etc.

You are most probably SOL.

[Paddy Reagan]

I'm including a short section of the North Carolina State Statutes below which should help you understand your rights and options. Pay special attention to the notification procedures and hearing options:

§ 20‑219.11. Notice and probable cause hearing.

(a) Whenever a vehicle with a valid registration plate or registration is towed as provided in G.S. 20‑219.10, the authorizing person shall immediately notify the last known registered owner of the vehicle of the following:

(1) A description of the vehicle;

(2) The place where the vehicle is stored;

(3) The violation with which the owner is charged, if any;

(4) The procedure the owner must follow to have the vehicle returned to him; and

(5) The procedure the owner must follow to request a probable cause hearing on the towing.

If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in this State, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his last known address unless he or his agent waives this notice in writing.

(b) Whenever a vehicle with neither a valid registration plate nor registration is towed as provided in G.S. 20‑219.10, the authorizing person shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information listed in subsection (a). Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this subsection, unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least seven days before the towing actually occurred; except, no pretowing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public welfare so that immediate towing was necessary.

(c) The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. If there is more than one magistrate's office in that county, the request may be filed with the magistrate in the warrant‑issuing office in the county seat or in any other office designated to receive requests by the chief district court judge. The magistrate shall set the hearing within 72 hours of his receiving the request. The owner, the person who requested the hearing if someone other than the owner, the tower, and the person who authorized the towing shall be notified of the time and place of the hearing.

(d) The owner, the tower, the person who authorized the towing, and any other interested parties may present evidence at the hearing. The person authorizing the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.

(e) The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower's lien continues. If the magistrate finds that probable cause did not exist, the tower's lien is extinguished.

(f) Any aggrieved party may appeal the magistrate's decision to district court. (1983, c. 420, s. 2.)

[msiron]

You do however have the grounds to either move or park your cars in your driveway.