What is the name of your state? Florida
In last night's board meeting, they passed a motion that would start a policy of towing cars from the street, after 1 warning, if they were parked overnight between the hours of 2 am and 7 am. The streets are technically public street, but privately maintained (by the HOA).
The problem. There are 12 houses in the neighborhood that are NOT members of the HOA because the buildered screwed up when filing the papers with the county. I live on one of the blocks where the majority of them are. Our side of the street is in the HOA; the other side of the street, minus one house (who signed on to be in the HOA) are NOT members. The next block has 3/5 houses on 'the other side of the street' also NOT in the association. There is another 2 houses in other parts that aren't in the association either.
The HOA said they would be sending letters out to the HOA members that they were going to start the towing policy next month. I've sent a letter to the board that they CANNOT enforce this policy on our two blocks, nor anywhere near the other two houses because we cannot force HOA policies on non-members. They are going on the fact that there will be a sign that says they can tow.
My question to the board was "how are they to know if it is one of the HOA member's cars or their guest's car on the street? What if the neighbor across the street parks on our side of the street? My recommendation again is to NOT tow on our street. I don't want to be special assessed because our board makes stupid decisions.
Can they tow a non-HOA member's car? Any recommendations here?