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HOA towing illegally?

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1Jason1

Junior Member
Florida law question pertaining to the right of a HOA to tow unauthorized cars.

I currently live in an association that requires visitors to place a tag on their dashboard if the car will be parked after 1:00 am. The tags are given to owners along with the rule book of the association when a new member moves in.

A friend of mine had stayed over, arriving at 12:30 am and the next day his car was gone. Apparently at 1:40 am the car was towed due to " no tag on dash" unfortunately I, the owner, was at fault due to my negligence of not remembering this rule. I have read the FL statutes pertaining to the HOA's rights to tow and it is apparent that they must adhere to strict guidelines in towing cars.

My questions are;

1. The statues states that in counties over 500,000 ( mine is ) that the car is stored within 10 miles of the residence. His car was stored 18 miles from my home.

2. An authorized member of the community must be present and sign the invoice to why the car was towed. The invoice had a false phone number, false address and signature that was illegible.

3. The towing company must provide notice that the car was towed. The police were not notified nor was a notice left in the parking space.

Due to the fact that they violated several of the required rules of this statute do I have a valid, legal claim to seek reimbursement?
 


Zigner

Senior Member, Non-Attorney
Florida law question pertaining to the right of a HOA to tow unauthorized cars.

I currently live in an association that requires visitors to place a tag on their dashboard if the car will be parked after 1:00 am. The tags are given to owners along with the rule book of the association when a new member moves in.

A friend of mine had stayed over, arriving at 12:30 am and the next day his car was gone. Apparently at 1:40 am the car was towed due to " no tag on dash" unfortunately I, the owner, was at fault due to my negligence of not remembering this rule. I have read the FL statutes pertaining to the HOA's rights to tow and it is apparent that they must adhere to strict guidelines in towing cars.

My questions are;

1. The statues states that in counties over 500,000 ( mine is ) that the car is stored within 10 miles of the residence. His car was stored 18 miles from my home.

2. An authorized member of the community must be present and sign the invoice to why the car was towed. The invoice had a false phone number, false address and signature that was illegible.

3. The towing company must provide notice that the car was towed. The police were not notified nor was a notice left in the parking space.

Due to the fact that they violated several of the required rules of this statute do I have a valid, legal claim to seek reimbursement?
Nope - since you have no responsibility to pay, you have no standing to seek reimbursement.
 

FlyingRon

Senior Member
First thing he needs to do, if he hasn't done so already is get the car out of storage. Charges are accruing and not necessarily all recoerable.

1. The statues states that in counties over 500,000 ( mine is ) that the car is stored within 10 miles of the residence. His car was stored 18 miles from my home.
Is there a towing facility within the 10 miles? The law states that the radius is increased to 20 miles in that event.
2. An authorized member of the community must be present and sign the invoice to why the car was towed. The invoice had a false phone number, false address and signature that was illegible.
There's no such provision in the law. It just requires them to authorize it, not that they are present.
3. The towing company must provide notice that the car was towed. The police were not notified nor was a notice left in the parking space.
There's no requirement for notice to be left in the parking space (not sure how that would work). The police or sheriff as appropriate should be notified, though it's not going to help your case if they weren't.
Due to the fact that they violated several of the required rules of this statute do I have a valid, legal claim to seek reimbursement?
The only one it would appear you have a chance on is if the HOA didn't authorize the tow. You can sue the towing company in small claims and see if they can come up with better proof that it was authroized than some "non-existant" person.

Were there the required signs indicating that the cars would be towed from the lot bearing the name/phone number of the towing yard? That's another possibility.
 

1Jason1

Junior Member
First thing he needs to do, if he hasn't done so already is get the car out of storage. Charges are accruing and not necessarily all recoerable.


Is there a towing facility within the 10 miles? The law states that the radius is increased to 20 miles in that event.

There's no such provision in the law. It just requires them to authorize it, not that they are present.

There's no requirement for notice to be left in the parking space (not sure how that would work). The police or sheriff as appropriate should be notified, though it's not going to help your case if they weren't.

The only one it would appear you have a chance on is if the HOA didn't authorize the tow. You can sue the towing company in small claims and see if they can come up with better proof that it was authroized than some "non-existant" person.

Were there the required signs indicating that the cars would be towed from the lot bearing the name/phone number of the towing yard? That's another possibility.

Yes there are many other towing companies within the 10 mile radius of my home. Secondly I personally paid for the tow considering that this was not his fault but mine. Truth is, had a family emergency and putting up a tag was the last ting in my mind..

Considering that they did not abide to the first rule of the statue (within 10 miles) this does not help me at all? I cannot imagine that it would be part of the statue if it didn't apply
 

racer72

Senior Member
Yes there are many other towing companies within the 10 mile radius of my home. Secondly I personally paid for the tow considering that this was not his fault but mine. Truth is, had a family emergency and putting up a tag was the last ting in my mind..

Considering that they did not abide to the first rule of the statue (within 10 miles) this does not help me at all? I cannot imagine that it would be part of the statue if it didn't apply
The HOA does not have to use the nearest towing company or one within 10 miles. I would bet they have a contract with the towing company that towed the car. The 20 mile rule would then apply.
 

FlyingRon

Senior Member
The HOA does not have to use the nearest towing company or one within 10 miles. I would bet they have a contract with the towing company that towed the car. The 20 mile rule would then apply.
Actually, the towing company is immaterial, but in larger counties in Florida (such as the original posters), the storage lot they put it in has to be within ten miles unless there aren't any that close.
 

racer72

Senior Member
Actually, the towing company is immaterial, but in larger counties in Florida (such as the original posters), the storage lot they put it in has to be within ten miles unless there aren't any that close.
If they are like the towing companies in my state, they storage lot and company are located at the same location.
 

FlyingRon

Senior Member
If they are like the towing companies in my state, they storage lot and company are located at the same location.
Most likely that is the case, I'm just saying what the law is. If you had a suitably large towing company they might maintain multiple storage yards to service various locations.
 

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