HOA towed my car - AND I LIVE HERE!

[chrisg1776]

Colorado

Hi guys. I moved into a condo and I'm leasing the property from my landlord. We have a great relationship, he fixes stuff the same day, I pay the rent early.

Ever since I moved in the HOA has given me a hassle about my work van. First they claimed I didn't have a sticker, even though I did. Then they claimed that was impossible because they "didn't send it out", I showed them the letter they sent. Then they claimed my vehicle is inoperable so I took a video of me driving around with it in it with the sticker on it and sent it to them. Then they said it was a commercial vehicle because it's a van. I sent them the legal definition of commercial vehicle and asked why my vehicle falls under these guidelines.

I wake up this morning and my vehicle has been towed. I called the police, they refused to press criminal charges, I went to the DA, CO state laws in hand and names of everyone involved plus audio recordings, they refused to file criminal theft charges citing they don't have jurisdiction on private property. I asked if I took a bat to some of these cars, would they arrest me? Of course they would, so why doesn't the same apply?

Long story short, I have to file civil charges against these people. I was wondering if anyone has any advice? I'd like to sue everyone up and down the line from the president of the board to the property management company to the towing company to the storage company to even the tow truck driver.

I know this may sound extreme but what else am I supposed to do when someone comes into my home and violates my right to peaceful living?

My vehicle was in complete compliance, parking stickers, parked in a non-reserved spot and the 2nd vehicle I own (the first is parked in the reserved spot).

They want about $400 to get it out of the impound and I don't really see a way to avoid that. I'm also going to have to spend dozens of hours preparing my case but I'm unsure if I can charge legal fees since I am representing myself.

If I was in any kind of violation then it wouldn't be that big of a deal but just imagine waking up to this non-sense in your own home.

What steps should I take? Can I file an injunction to prevent them from touching my vehicle? Since they towed it illegally to begin with, what is stopping them from towing it again once I bring it back from impound? Nothing at all right?

It's a white van, it might be an eye sore but nothing worse than other cars parked here. But it definitely doesn't violate any of their imaginary bi-laws to which I've never seen, have had all of my requests refused when I ask for them and I've never signed a contract with these people since I am a renter.

Thanks

 

[swalsh411]

Personally I would pay $400 less in rent next month and make it your landlord's problem.

 

[OHRoadwarrior]

Does the vehicle have commercial plates or a company name on it? If it does, it probably meets city law as a commercial vehicle.

 

[chrisg1776]

Does the vehicle have commercial plates or a company name on it? If it does, it probably meets city law as a commercial vehicle.

Negative on all questions.

 

[davew128]

When you went to the impound yard, did you ask them to show cause for why they towed the vehicle? Often times, where a parking sticker or decal/placard is required, tow operators will take pictures of the vehicle for proof of non-compliance before hooking it up.

I would also echo the sentiments of leaning on your LL since he's ultimately the one responsible for making sure you can legally park there if you're otherwise in compliance.

 

[chrisg1776]

When you went to the impound yard, did you ask them to show cause for why they towed the vehicle? Often times, where a parking sticker or decal/placard is required, tow operators will take pictures of the vehicle for proof of non-compliance before hooking it up.

I would also echo the sentiments of leaning on your LL since he's ultimately the one responsible for making sure you can legally park there if you're otherwise in compliance.

I haven't gone yet, I'll be going tomorrow morning.

 

[chrisg1776]

well, here is an update:

I arrive at the tow company and they refused to give me my vehicle until 3 more days pass. This violates state law and I know it was only in order to make the charges increase....

I am going to file a temporary restraining order against the people who did this to prevent them from doing it again and also sue to towing company for wrongfully towing the vehicle and refusing to give it back. I already logged a complaint with the Public Utility Commission but they weren't too helpful.

Also, when I arrived the tow guy told me he doesn't have to show me anything but a receipt! hahaha. When I broke out the Transportation Rules from the PUC, he got mad and asked us to leave the property and called the police for trespassing.

 

[swalsh411]

I would have stood right outside their property and called the police saying they were illegally holding my car.

 

[chrisg1776]

Here is how this ended.


The laws are written to protect the tow company and put the HOA liable for their actions.

I sent a letter of good faith in hopes to resolve this issue, I gave a deadline.

I went to the board meeting as an effort of good faith.

I studied the bylaws and laws of the state and pointed out every instance where the HOA violated their own laws and state laws.

They sat there in disbelief and asked if I am an attorney.

They said they wouldn't resolve reach a decision to resolve the matter that evening. I said that is OK, I am filing suit in the morning.

I filed suit against the HOA, the Property Management Company and the person who initiated the tow.

I recorded every phone call I had with everyone, even the board meeting. (make sure you live in a one party state when you do this otherwise it's wiretapping).

I caught them in lie after lie. They claimed the vehicle was towed because it's in the same spot. I got the order from the towing company instructing them to tow it because "no commercial vehicles are allowed".

The bylaws say that any 3/4th ton or less vehicle will not be considered a commercial vehicle.

I pointed out that state law says a commercial vehicle is a vehicle over 10,000 pounds that is used for commerce. It has to be both, not one of the other.

They insisted it was towed for the purpose of taking up the same space for too long.

I told them this is ridiculous as every car with an assigned parking space takes up the same space.

I got the tow company on audio recordings saying the vehicle was towed because it is a commercial vehicle.

I asked how they determined the vehicle was "abandoned". They said people told them! Hearsay evidence in court - ruled out

I asked if anyone watched the vehicle for two weeks straight, 24 hours a day and if anyone can testify to that. They didn't answer.

The President told me that he's lived there 15 years! I told him I've been there 3 months but that doesn't give me more or less rights than him.

I asked if they could testify to this in court, they didn't answer.

I explained the definition according to the bylaws of the association of abandoned vehicle is a vehicle that has not moved by it's own propulsion system. It says nothing about being parked in the same spot.

I pointed out that "stickers" should only be placed on the vehicle if the owner cannot be ascertained - according to their own bylaws. I also pointed out that if a vehicle is to be towed, according to their own bylaws, the owner must get a letter PERSONALLY delivered if the owner can be reasonably ascertained.

I pointed out the uniquely numbered parking pass on the vehicle and pointed out that with that information the owner could be reasonably ascertained.

They sat there with their mouths open like kids who just got busted.

They kept asking me what I was referring to when I said Article X and Article Y... I pointed out that it's their own bylaws and that I'm amazed they didn't know that since they are ENFORCING THEM!

I filed suit against the the HOA, Property management company and the agent personally.

The grounds for the first two are that this happened in the course of normal business. The grounds for suing the agent personally was that she was acting outside of the bylaws therefore she was acting on her own accord.

I served the papers the papers the very same day (They didn't take me seriously the first time when they stickered my vehicle when I said I was going to sue them for the damages - now they know I'm dead serious).

I paid the $500+ to get my vehicle out.

I'm going to the court in a few minutes to file a temporary restraining order.

I'm moving the court for a show cause hearing and moving the court for a permanent restraining order barring them from stickering or towing my vehicle as long as I'm a resident.

Court is set for a few days after Christmas, which is great if the agent has any out of town plans - may not show up, but I'm sure she will.

Vehicle is parked back on the property with the court papers displayed in the window.

The agent told me on recording that I couldn't park the vehicle on the property at all.

I filed harassment for stickering my vehicle several times despite being able to reasonably ascertain the owner because of the parking pass.

I filed for discrimination because I was singled out because of the type of vehicle I drive and told I couldn't park it on the property even though I am entitled to two parking passes and two parking spots.

I filed for violation of my right to property without due process.

I filed for the loss, use and enjoyment of my property

I am asking for $7500 -

Cost of driving to pick up the vehicle per laden mile billed in the same manner as the towing company bills.

Cost of paying the driver who drove me.

Cost of filing suit

Cost of getting the vehicle back X2 (allowed by law)

And the rest for the harassment, discrimination and violation of my civil liberties.

Every defense they use is easily disputed. IF they say they towed it because it's a commercial vehicle, that's out.

If they say they towed it because the vehicle was sitting for too long then they need a witness who saw it sitting for 2 weeks straight, 24 hours a day and never took eyes off of it.

But ultimately, the agent was acting upon the hearsay evidence by other people. She never saw the vehicle on the property, she doesn't even come to the property so she can't testify to anything.

So, it's pretty open and shut.....just wish i didn't have to go through all of this.

 

[LdiJ]

Good luck on this. Sometimes an HOA really needs to get a comeuppance, and I think this is one of them.

 

[The_Non-Mom]

Wow. Good for you. I am very interested to hear further updates. Question though - What does your landlord think of all this?

 

[JULES0143]

Hoa suit

Chris, can you please let me know how your suit against the hoa went for towing your van??? Im having a similar problem in florida...

 

[OHRoadwarrior]

Walk slow and carry a big book of statutes!!!

 

[Proserpina]

Not necroposting is a good idea, too.

 

[swalsh411]

A necropost here is OK. Maybe the OP has email alerts for his thread. I would also like to know how this turned out.