Towing questions

[Hiker Man]

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

So here is the situation. I own a condo, and I have one assigned parking spot at my condo complex. I own two vehicles. The one I drive on a regular basis I park in my assigned spot, the other one gets parked in the guest parking spot. About 2 and a half months ago my parking lot was being repaved. My second vehicle was in the way of the where the pavers needed to be so the HOA had it towed to another part of the parking lot. Yesterday I got a bill for the towing charges from my HOA. I never recieved notice from the towing company that they were going to tow my vehicle, nor did I ever recieve notice after the fact that they had towed my vehicle. My HOA won't back down from the charges, so here is my question. Can the towing company legally tow my vehicle without notifying me that they have done so?

Here is the law I found on towing regulations in CO:

State

Colorado Department of Regulatory Agencies
Public Utilities Commission
Transportation Section
1580 Logan Street, Office Level 2
Denver , CO 80203
(303)894-2850
(800)888-0170
Fax: (303)894-2071 Towing Carrier Permit:
Link: [url]http://www.dora.state.co.us/puc/rules/723-9.pdf[/url]

Must list equipment. PUC regulations specify types of equipment which must be provided.

Proof of insurance filings: for cargo (form 12) and liability (form 10) coverage; must designate a process agent.

If providing storage facilities, requires a description of storage facilities and must provide proof of garage keeper's liability insurance (form 14 from insurance carrier).

If the company is incorporated, provide copy of articles of incorporation.

$10 application fee; $5 identification fee for each vehicle registered.

Must have a USDOT certification number.

Towing carriers shall use a tow record/invoice form for all non-consensual tows, recording information specified in Commission regulations.

Prior to performing any tow, the carrier must disclose to the owner, authorized operator, or authorized agent of the owner of the motor vehicle all rates and charges to be assessed.


If I am reading the last two paragraphs correctly (and as bad as I am with legal stuff I'm probably not reading them correctly) the tow company has to a) keep record of the non-consensual tow, and b) let me know what charges are going to be assessed from the towing (I'd assume this could be done by leaving the info on a ticket, but they never ticketed me). If they did not live up to both a and b could they be held liable?

TIA

[The Occultist]

I think your failing point will be the "authorized agent" aspect; my guess is, when you joined the HOA, you agreed to give them permission to tow your vehicle if they deemed it necessary. You should review the contract you signed and see if that is indeed the case.