|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
CarolH2
(Georgia)
Posts:7
 |
| 08/19/2008 9:11 AM |
|
My community has private roads and when ever we try to have cars towed for parking illegally we can not get a tow company to tow. I live in the state of Georgia where the tow company must have a non-consensual tow license. Does anyone have any suggestions?
We were also told by a lawyer that we have to give the residents that are parking illegally a notice first before we can tow them. It is in the bylaws there are no-parking signs throughout the neighborhood, and the fire marshal has said we can not park in the street because they are not wide enough to pass through with an emergency vehicle if there are people parked in the street.
Thanks
|
|
|
|
|
GeorgerwilliamsW
(Indiana)
Posts:705
|
| 08/19/2008 9:22 AM |
|
Carol, This is an area in which state law governs what you can do and what you can't do. The attorney you consulted ought to be able to explain the law.
In many states, the law requires that warning signs be posted about towing. Such signs include the name of the towing contractor, the location to which towed cars will be taken and the amount of the fees.
No Parking signs are likely not sufficient.
By the way, here in Indiana, I have seen a fire truck ram into an illegally parked car and push it aside, in order to get to an emergency.
Maybe one of the posters here from Georgia has information specific to your state.
You may wish to find out as well if the homeowners association can be cited and fined for not enforcing the no parking ban. In Indiana the fire marshals do cite businesses (as well as the illegal parkers) that do not enforce fire lane parking restrictions.
This is a safety issue. Don't let it slide. |
|
|
|
|
SusanW1
(Michigan)
Posts:2121
|
| 08/19/2008 10:38 AM |
|
Who is the "we" you refer to?
Your roads are still under jurisdiction of the local government, IF you want emergency services and speed limits enforced.
The HOA should not be towing cars; have the police issue a ticket and enforce towing laws according to their laws.
For our sub. we have to call the police and let them "do their thing"
Even though our roads are "private" we have invited them in to patrol and enforce local law. That MAY involve towing, especially if it prevents the road from being passable for emergency vehicles.
Send out a flyer announcing this and I bet the parkers will stop.
|
|
|
|
|
MicheleD
(Kentucky)
Posts:1676
|
| 08/19/2008 10:46 AM |
|
Our local police do not enforce CC&Rs. So if the street itself does not have no parking signs (placed there by public works, and not by the HOA), the police won't ticket or tow.
Our attorney advises us to send the notices (2) then turn it over to him, wherein he will send one warning letter, then file for an injunction and/or restraining order to enforce the CC&Rs.
Once we have the restraining order (restraining the resident from parking on the street), the tow companies will tow without a hassle.
But few like to do it without a court order or judgment of some kind.
But take heart, all it should take is one or two, then the word will quickly get around and the parking should improve. |
|
|
|
|
GeraldT4
Posts:932
|
| 08/19/2008 11:23 AM |
|
| MicheleD - Your roadways must abide by local ordinance. It isn't a matter of the municipality enforcing your cc&r's. It's a matter of public safety due to narrow roadways and the need to have them clear in the event of an emergency. You may get somewhere if you have the BOD meet with the local fire chief to discuss what safety measures can be taken. |
|
|
|
|
MaryA1
(Arizona)
Posts:2161
|
| 08/19/2008 3:24 PM |
|
Posted By CarolH2 on 08/19/2008 9:11 AM
My community has private roads and when ever we try to have cars towed for parking illegally we can not get a tow company to tow. I live in the state of Georgia where the tow company must have a non-consensual tow license. Does anyone have any suggestions?
We were also told by a lawyer that we have to give the residents that are parking illegally a notice first before we can tow them. It is in the bylaws there are no-parking signs throughout the neighborhood, and the fire marshal has said we can not park in the street because they are not wide enough to pass through with an emergency vehicle if there are people parked in the street.
Thanks
Carol,
If you're having problems towing, does the board have the authority to fine the offenders? |
|
|
|
|
KirkW1
(Texas)
Posts:1110
|
| 08/19/2008 6:26 PM |
|
| I would go speak with the managers of some apartment complexes. They likely have had the problem as well and developed a contact to have cars towed. A friendly conversation may be enough to have them share their methods with you. They also likely know just what level of warning you must give. |
|
|
|
|
MicheleD
(Kentucky)
Posts:1676
|
| 08/19/2008 6:55 PM |
|
Posted By GeraldT4 on 08/19/2008 11:23 AM
MicheleD - Your roadways must abide by local ordinance. It isn't a matter of the municipality enforcing your cc&r's. It's a matter of public safety due to narrow roadways and the need to have them clear in the event of an emergency. You may get somewhere if you have the BOD meet with the local fire chief to discuss what safety measures can be taken.
Truly, we've done that.
The police will NOT get involved in enforcing CC&Rs, and there is NO municipal "no parking" violation, so they will not ticket or tow.
The fire chief has been to several of our homeowner meetings and stresses the importance of keeping the roadways clear.
They will only do something if there are two cars on either side of the street, given the "class" of the roads in our subdivision.
Our CC&R restriction is valid and can be enforced, however, neither the police nor the fire chief are obligated to enforce them for us.
We have to take it up the chain. Violation notice letters (2), attorney notice letters (2), then file complaint and obtain restraining order, at which time we can then tow on the very next violation.
(homeowner also to pay all legal fees).
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|