Towed from own parking space!!

[bcantillo]

I rent from an owner in a condo. The condo association decided to repave the parking lot during the time I was away on a 12 day trip. They towed my car from my parking space, and neither I nor the owner were notified in advance about the upcoming work... checking with neighbors, they said they were given a paper a few days (3-5, they're not sure) before the work was to be done. It cost me $218 when I got back in towing and storage charges. Do I have a case here in Miami, Florida, and should I go to small claims court? The owner is very supportive and willing to join me in case if needed (I've been a very good tenant).

Unhappy in Florida

 

[rrg956]

You probably don't have a case. All the association needs to successfully defend itself is a copy of the notice and a couple of your neighbors to testify that notice was given and recieved. You just picked the wrong time to go out of town.

THE FOREGOING MAY NOT BE CONSTRUED AS LEGAL ADVICE

 

[bcantillo]

Well, I have a neighbor in front of me who is a sworn police officer in the city who also did not get a notice, he just happened to be here that day, saw what was happening, and moved HIS car, but he says he'll be my witness and testify that he didn't receive notice either. Wouldn't a credible, uninterested witness like him (and a couple more neighbors, too) help establish that notice was insufficient and/or incomplete, since the condo association didn't send anything by certified mail, etc., that would prove they had due diligence in getting the notice out?

Unhappy in Florida

 

[rrg956]

If he's willing to go testify for you, it would definately add credibility to your case. It's worth a shot and If I had such a witness available, I'd go for it! Good Luck!