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| Tuesday, February 07, 2012
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MarieL
(Illinois)
Posts:55
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| 08/08/2010 7:38 PM |
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The parking lot in our HOA was recently seal coated. This upcoming poject was mentioned in the minutes, but not when it was going to be done. Three days before the work was going to take place homewoners were notified they had to remove their cars from the lot.One homeowner was out of town,had no knowledge of this and the maintenance chair had the car towed from the lot. The towing company towed it to their facility and when the homeowner returned they had to pay the towing fees and storage charges to recover their car..
My question is how much notice should homeowners be given in a non-emergency repair like this and who is responsible for paying the fees involved.This is not addressed in our CCR's or bylaws and the homeowner wants the board to reimburse them for the charges, because of failure to notify them in a reasonable amount of time, not three days before the work was to be done..
Any answers to who should be responsible for the towing and storage fees of over $200.00???
Thank you.
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GlenL
(Ohio)
Posts:3526
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| 08/08/2010 9:00 PM |
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My guess, the HOA but the owner will more than likely have to take them to Small Claims Court to recover their losses. Since I'm not familiar with your CC&R's or State law, I'll suggest a few places to start. Somewhere in the CC&R's should be a notice clause, ours requires 7 days minimum. I would also ask the BOD for a copy of the towing policy and where it gives the BOD the right to tow a member in good standings operational vehicle to facilitate maintenance or in the minutes where they passed an addendum allowing it. You also might want to review the State and/or City requirements for towing from private property.
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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JonD1
(New York)
Posts:706
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| 08/09/2010 4:09 AM |
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Having dealt with this sort of issue on occasion as an act of good faith I would suggest the HOA cover the towing expenses.
The property owner was not at fault nor acting in a deliberate manner to violate or hinder this work from being performed.
You could have a property owner on vacation or away on business unaware of the scheduled work to be perfored.
On several occasions we have towed vehicles but we had the vehicle simply towed to a place on the property where the work would not be prevented from being completed. Why would they tow the vehicle off the property?
In the big picture and in an attempt to maintain a positive relationship with this owner I would cover the associated costs.
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MarieL
(Illinois)
Posts:55
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| 08/09/2010 10:32 AM |
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Thanks for the responses. It was not my car that was towed.. I am a board member who believes the board did not supply adequate notice of the lot repairs and should assume the cost of the towing and storage fees. . I also believe it would have been wiser to have the car towed to a street parking space,there is plenty , not the towing company's storage facility. It would have been less expensive in the long run.
Our towing policy is to tow cars violatin our private parking status, as clearly posted. It does not address towing cars of homeowners, under any circumstances.
There will be a board meeting on Wednesday and I will address this issue.Your responses have helped me present my arguement, if there is opposition to reimbursing the homeowner for their expenses.
Thanks |
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DonnaS
(Tennessee)
Posts:5671
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| 08/09/2010 11:28 AM |
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Marie,
To give a sliver of defense to the Board, when did you have actual notice from the paving company that this particular day was the day that the repaving would start? Contractors sometimes give a guestimate of a service date and actually give the certain date on a shorter notice. Cannot blame the Board for everything that is not in their control-such as service dates on some items. |
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MarieL
(Illinois)
Posts:55
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| 08/09/2010 1:31 PM |
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Donna,
The homeowners are never notified by the vendor of any services. It is just the maintenance chair who hand delivers the notices and is always late in doing so, by a few days in advance of the work...This is fine when there is no homeowner requirements, such as roof cleaning, painting fences, etc.,.But when homeowner cooperation is required,someone home or move their cars from the lot, I personally believe they should be given adequate notice, not notified Friday evening the lot will be seal coated at 8:00 a.m. Monday morning.Especially in the summer when some go away on vacation.Although the July minutes mentioned the lot would be seal coated, it did not give a date and these minutes, which also serve as meetng notices were not distribuited to homeowners until four days after the seal coating had already been done.
As a board member I believe this seal coating work was seriously mishandled and I will motion the board meeting this coming wednesday, the homeowner involved be reimbursed the towing and storges fees they had to pay, due to the maintence chair's negligence in this issue.
Thank you for your response.
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