Repeat violation question > HOA Forum

Forums

Subject: Repeat violation question

You are not authorized to post a reply.

Author

Messages

LeoS1
(Florida)

Posts:16

06/05/2010 2:18 PM
Hello, In a HOA in Florida you are not allowed to park overnight on the road. Florida statute says that you must give 14 days notice before issuing a fine. If a unit owner parks on the road on a monday, is warned on tuesday and moves the car and then parks again on the street on thursday is that technically a new violation or can we warn them once and everytime afterwards that they park on the street fine them?

BarbaraD6
(Florida)

Posts:347

06/05/2010 3:26 PM
Leo, Don't you have the power to tow? We have a sign posted warning everyone that enters our community that will be towed for parking in street,grass,and on sidewalks. Look at towing in the Florida statutes. Barbara

MaryA1

Posts:0

06/05/2010 4:41 PM
Leo, This can be viewed as a second violation of the same restriction but the BOD should inform the member that this is how violations shall be handled. The violation notice should contain wording to the effect that a repeat of the same violation w/i a 30-day period will be treated as a second violation. Include the wording giving notice of a fine in each violation notice and you will be covered. In AZ the member must be given the opportunity of an appeal b/4 a fine can be issued. This is the procedure my assn's PM uses and it helps a lot to curb the tactics that some members like to employ to skirt receiving a violation or notice of a fine.

PeterB1
(Florida)

Posts:254

06/06/2010 5:51 AM
Leo, Don't even think about towing! The legal ramifications are disaster. We have the same problem you do. We photograph the violation and send it and a warning letter to the resident. Three violations in a 30 day period results in a fine. This is all documents in the violation letter. PS - this has NOT solved the problem, but it reduce the number of violations.

SureshD

Posts:0

06/06/2010 8:22 AM
We have towed about ten times in the last 3 years. The frequency has dropped off dramatically since word got around. You just have to follow proper steps of entrance signage, HO notification, violation logging (we use a thrid-party, late-night security patrol company, 12a.m. - 4a.m.), and of course a properly licensed and insured tow company. No disasters in three years.

SureshD

Posts:0

06/06/2010 8:23 AM
Forgot to add above... the cars ARE NOT on private property but on COMMON "area" property.

BarbaraD6
(Florida)

Posts:347

06/06/2010 9:34 AM
All out tows are on common property too. Barbara

MaryA1

Posts:0

06/06/2010 10:15 AM
FYI, Speaking of towing, it should be noted that an HOA can only tow a vehicle if the streets are owned by the HOA. If you take a look at state statutes regarding towing I believe they will state "towing on private property". Only the PD can tow from a public street. Also, I believe most states, if not all, will require certain signage to warn the vehicle owner that their car can be towed. Notification may also be required b/4 towing can take place. It's in the best interests of the HOA to thoroughly read and understand the states laws on towing b/4 embarking on this. Regardless of what the HOAs gov docs say about towing, I'm quite certain state law would prevail.

MicheleD
(Kentucky)

Posts:4491

06/07/2010 6:29 AM
Mary, we can tow from the streets within the legally defined boundaries of the HOA, even though they are county owned. Our CC&Rs (as well as just about every other HOA's CC&Rs in KY) define towing as one of the remedies of parking violations. Some HOAs tow after the second notice. In fact, most of the HOAs neighboring ours do. We have not resorted to that yet, however, and will only tow after we take the resident to court and get an injunction and a ruling that we can tow. Fortunately we haven't had to do that yet.

MaryA1

Posts:0

06/07/2010 9:13 AM
Michele, And this is in accordance with State law on towing? I'm certainly not disputing your word as I know that your know what you're talking about, but I just find that hard to believe. Usually towing is only allowed from private property (unless the P.D. is doing the towing) meaning the streets must be private not public.

MicheleD
(Kentucky)

Posts:4491

06/07/2010 12:38 PM
Posted By MaryA1 on 06/07/2010 9:13 AM Michele, And this is in accordance with State law on towing? Yes. And the only reason we wait to get an injunction is because of the potential for the vehicle owner to claim damages made during the tow and sue us for those damages. Now the vehicle owner may still do that, but s/he is less likely to prevail on the alleged damages if we have a court order allowing us to tow. In other words, damages such as those move into the "he said - she said" territory, and the claimant's credibility, among other things, is diminished if we have a court order allowing us to tow. That we indicate we went the extra distance to cross Ts and dot Is makes a lot of difference in the outcome. But he cannot sue for the tow, because legally it can be done, only for any alleged damages that may have occurred as a result of the tow.

MaryA1

Posts:0

06/08/2010 6:08 AM
Michele, Thx for all the info. Just when one says it can't be done, along comes someone else to throw a monkey wrench into the mix! LOL Smart POA on the part of your board. IMO, it's not good to jump the gun on towing. What if the vehicle doesn't belong to a member of the HOA?

CharlesG5
(Florida)

Posts:26

08/02/2010 2:24 PM
I am in a HOA community in Ormond Beach, Florida. Since the streets are public, we call the police department. OB states that from the side of the car to the middle of the road it has to be 12 feet. There is not a street in OB that one can park on. This was done for emergency vehicles. If they want to park their car on "common ground" they are required to get a permit from the office. The permit is good for only 5 days. If not moved after that, the vehicle is towed.

You are not authorized to post a reply.