I have an LLC that owns a townhome that has an HOA in Hillsborough County Florida. One of the board members ordered a towing company to tow my tenant’s vehicle. The board member told me that he ordered the vehicle towed because he suspected that the tenant did not have the vehicle insured.
My tenant’s vehicle was a typical vehicle (a Jeep Cherokee) with a valid tag that was parked legally. I don’t even know if the vehicle is insured as that is irrelevant. None of the parking spaces in the parking lot are marked or labeled. There is no signage that indicates that, if the HOA or an HOA board member “suspects” a vehicle is not properly insured, that the vehicle will be towed. There is nothing in the bylaws (I read the bylaws) that states that each resident and/or tenant must provide the HOA board or its members proof of insurance or their vehicle can be towed.
The real reason this board member had my tenant’s vehicle towed is because he doesn’t like tenants. That is irrelevant, but, in case you’re wondering the real reason, there you have it.
There is a clause in the bylaws that states that, “unless a board member acts in maficious manner”, then cannot be held liable for their actions in the performance of their duties. This board member did act maliciously out of his personal dislike for the fact that a tenant lives near him.
I would like to sue the board member, personally, in small claims court as opposed to suing the homeowner’s association. Is that going to be possible or do I need to sue the homeowner’s association?