Illegally Towed?

[HOA_Prez]

What is the name of your state (only U.S. law)? WASHINGTON

Our HOA had a vehicle towed from the our condo parking lot because it had been parked for long term in the Disabled space. Although it had a hanging placard on the rear view mirror, our Rules & Regs are clear about 'visitors' parking on property for more than 72 hours.
The homeowner has filed a smalls claims suit citing illegal impound. She feels that because it was in the disabled spot it is exempt from the rules. The vehicle belongs to her father who has been residing with her since mid December. At no time did she contact anyone on the HOA Board, nor the property management company with notification about the vehicle. Prior to having it towed, we placed a notice the windshield instructing them to remove the vehicle. After 3 days, we had the vehicle towed, and the notice was still in its original spot on the windshield; (I have pictures to verify) confirming our assessment that they were using the spot for long-term parking.

The question is, because condo parking is private property, and the visitor area (which is also the location of the Disabled Space) is specifically regulated by the HOA rules, were we within legal authority to tow the vehicle?

 

[HighwayMan]

...were we within legal authority to tow the vehicle?

Sounds like it.

You went as far as providing notice prior to tow. I can't really see how the resident can expect to win.

Are vehicles of residents registered somehow with the HOA? Do you use permit stickers or tags to determine which are resident vehicles?

 

[HOA_Prez]

Are vehicles of residents registered somehow with the HOA? Do you use permit stickers or tags to determine which are resident vehicles?

At one time we had issued rearview mirror tags for owners to have guests hang in their vehicles. This vehicle did have that tag. The Board however, was under the impression that the unit with which it was associated was in foreclosure (Based on info from the property mgt company and our collection attorney). That, and the notice on the vehicle still being in place caused us to conclude that the vehicle was just using the space as long term parking.

Thanks HighwayMan for the reply

 

[HighwayMan]

Well that complicates things a bit.

Well you have no choice but to answer the summons and appear in court. I would assume that the HOA will be represented by an attorney.

Bot sides present their evidence and a judge will decide. It's very difficult to predict the outcome of any case.

 

[HOA_Prez]

Just to clarify, what is the complication? That the tag was hanging in the vehicle? The rules are still such that, 'visitors' are still only permitted for 72 hours.
I inquired of our property mgr regarding the unit associated with the tag, and she indicated that the atty informed her of the pending foreclosure, and the likelihood of it being vacant.
That's when I placed the notice for tow on the windshield.

Thanks again, though.

 

[HighwayMan]

How was it documented that the vehicle was parked in excess of the 72-hour limit?

Overall it seems like the HOA has a good case, but once again it will be decided in court. It's tough to predict what might happen.

 

[Ozark_Sophist]

Pay up in small claims or you may potentially face a federal civil rights lawsuit for violating the Fair Housing Act. The court will find parking in disabled parking space is a reasonable accommodation if the car displayed appropriate placard or plate.

 

[asiny]

Just to clarify, what is the complication? That the tag was hanging in the vehicle? The rules are still such that, 'visitors' are still only permitted for 72 hours.
I inquired of our property mgr regarding the unit associated with the tag, and she indicated that the atty informed her of the pending foreclosure, and the likelihood of it being vacant.
That's when I placed the notice for tow on the windshield.

Thanks again, though.

What does the HOA bylaws state regarding the notification process on the "72 Hour" rule?

For example;
In the HOA I live in- as HighwayMan brought up an excellent query on the 'permit stickers/tags'- they kept a record of the issued 'tags' and each tag was uniquely numbered. In the bylaws the HOA must attempt to contact the unit, where the tag was issued to, before enforcing HOA regulations. It also lists contact methods (if available): Day 1- Attempt to contact the unit resident by telephone/personal notification at the unit, Day 2- posting of a notification at the unit, posting of a notification on the vehicle, Day 3- enforcement of regulation.
If the vehicle has no identifying HOA tags- then posting a notification on the vehicle for a period of 48 hours is required before enforcement.
In the case of a rental, the rental agency/manager MUST register 24-7 available contact information with the HOA in the event of an emergency and/or violation notification.