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IslamM (Florida)
Posts: 67
Posted:
Does anyone know if the bylaws are silent on your car having tag or not. If they Board has the right to have it towed? I was out of the country and did not worry about it, but I did have insurance? Any comments? This is Fl.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Islam,

Check all of your governing documents (not just your bylaws) to see if the Association had such authority.

Most Associations who do have this authority adopt rules that specify only properly registered vehicles may be parked on the property. Therefore, if your vehicle wasn't properly registered (sticker out of date), the fact that you had insurance won't matter.

Have you asked your Association where they received the authority to tow?
IslamM (Florida)
Posts: 67
Posted:
Tim, I asked the management company he said that even if its not in the documents the Board has the right? I asked him if he could show me the law that allows them to do that he said there is none?
JayP3 (Florida)
Posts: 154
Posted:
Did the HOA tow it OR have it towed?

In my city there is an ordinance (code violation) that if the car is in view it must have a valid tag.

Though our CC&Rs, bylaws, rules, etc. are silent, they are superceeded by our municipality.

Anyone can call code enforcement and report such issues. Typically there is a warning first but since you were out of town it may be a moot point.
LarryB13 (Arizona)
Posts: 4,099
Posted:
This is precisely why we have courts to settle disputes. If the association towed your car without either legal or contractual authority then they and the towing company may owe you some money.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This isn't a HOA law about having a tag on your vehicle. It's required by law if you drive on the street the vehicle must have a license. You may not notice this but look at EVERY car ad you see on TV or even in newsprint. You will notice if the car is shown driven on a road, it has a tag on the back. They will usually paint the tag the same color of the car to disguise it. Which is why you don't notice the tags. However, if they require a tag to be on a car for advertising, I am sure it's required if it's parked on a roadway.

It's in a garage that it's okay not to have a tag on your vehicle. You may even need to go to the DMV to have the tag suspended if you may be gone for a long time or the car is being restored, out of service, salvaged, or other non-use issues. Out of date tags or non-existant tags will get you tickets or notices from the law. Carrying insurance has no bearing on this.

BTW: A car left without starting or being ran for up to a year will rot out. The fluids are so acidic that they will eat through the hoses and other components in the vehicle. It's a good idea to have someone start the car up atleast once a month if your going to be gone for a year. Otherwise you could be in for some really expensive repairs and lots of smoke.

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By IslamM on 03/18/2014 2:26 PM
Tim, I asked the management company he said that even if its not in the documents the Board has the right? I asked him if he could show me the law that allows them to do that he said there is none?

If there is no law allowing and not in your documents ... if it was me somebody would be paying for my expenses incurred. If the MC states the Board has that right then they need to be able to prove it.
RichardP13 (California)
Posts: 1,767
Posted:
In our community, if the vehicle was parked on the street, which is part of the community's common area, with expired tags, it would be given notice that it is subject to two and 24 hours later, it will be towed. Our CCRs give the Association the authority to create parking areas and rules. In five years, we only towed one vehicle for tags, but the vehicle was being stored on common area. It should have been stored in the garage as indicated by the CCRs.
PeterD3 (Florida)
Posts: 708
Posted:
Assuming, as in most municipaities, this is a code violation most likely it was towed by a city contractor.

There's no need for an HOA 'law' or rule.

ANYBODY can report an unregistered vehicle to code enforcement (They are actualy an 'arm' of the Police dept.).

Even if it was the PM or a BOD member there is no liability on their or the HOAs part.

RichardP13 (California)
Posts: 1,767
Posted:
In our case, the police don't get involved because they are private streets. People will speed and run stop signs and the police are powerless because of the court system.
IslamM (Florida)
Posts: 67
Posted:
Peter,

The Board called a tow truck company to have it towed? The city or the police had nothing to do with it. I found a letter saying the Board ordered the towing. But I get your point, if I would have been driving it, the police would have fined me if it was the city or authority I would have probably gotten a fine too.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By IslamM on 03/18/2014 2:26 PM
Tim, I asked the management company he said that even if its not in the documents the Board has the right? I asked him if he could show me the law that allows them to do that he said there is none?

Ask them to show you where the Board received that authority in the governing documents.

Additionally, request a meeting with the Board (not the management company) and explain to them that you desire to follow the governing documents. You have asked the management company where the authority to have the vehicle towed came from and they said that there was none. Then politely ask if the Board can show you where the authority came from and what covenant or rule you were breaking that caused the vehicle to be towed. If they can't provide it, politely ask that they reimburse you for the tow as mistakes happen but that you shouldn't incur financial damages for the Board's mistake and then ask that the Board instruct the Management Company to comply with the governing documents.

However, if the Board can show you where the authority came from and why it was towed, simply say thank you and that you will make sure that you are in compliance in the future if you go out of town.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PeterD3 on 03/18/2014 6:13 PM

ANYBODY can report an unregistered vehicle to code enforcement (They are actualy an 'arm' of the Police dept.).

What hasn't been answered is if the streets were private property (common area) or public. Typically (as I understand it), if an unregistered vehicle is properly parked on private property, the police may write a ticket but would not have it towed (as it is on private property).

PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By RichardP13 on 03/18/2014 6:20 PM
In our case, the police don't get involved because they are private streets. People will speed and run stop signs and the police are powerless because of the court system.

Same here.
Police will not enforce traffic violations unless an agreement is entered into (contract) between HOA & PD. Then there are other issues due to DOT regulations with speed limit studies, proper signage specifications, etc. Additionally, most PDs are reluctant to do so because it fosters 'bad blood' amongst the citizenry. Very difficult to do.

Apples to Oranges though.

Code violations (such as unregistered vehicles) are different.

If such exist in your city/county/etc. you cannot escape ordinances and code violations because your community and or streets are private.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Many HOA's do have a restriction on unregistered/unlicensed vehicles. This is one way of preventing derelict cars from accumulating.

Some associations do not allow a car to be parked in a specific spot for more then so and so continuous days. Again, a way of preventing derelict cars from accumulating.
JayP3 (Florida)
Posts: 154
Posted:
Quote:
Posted By TimB4 on 03/18/2014 7:13 PM
Posted By PeterD3 on 03/18/2014 6:13 PM

ANYBODY can report an unregistered vehicle to code enforcement (They are actualy an 'arm' of the Police dept.).


What hasn't been answered is if the streets were private property (common area) or public. Typically (as I understand it), if an unregistered vehicle is properly parked on private property, the police may write a ticket but would not have it towed (as it is on private property).


Here's a portion of my county's code restrictions found here:
http://www.pbcgov.com/pzb/codeenforcement/protect.htm

(There is similar language in my city's code as well.)

"Inoperative vehicles:

Inoperative vehicles may not be stored on residential property. Additionally, all vehicles on residential property must be properly licensed, with an exception for one such unlicensed vehicle, so long as it is stored in the side or rear yard, screened from view. Code Enforcement has the authority to tag inoperative vehicles on private property and have them towed from the premises."

I posted this to show what is possible in some areas of the country.

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