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HOA Towing Fee

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Latest post Mon, Jul 11 2016 6:15 PM by karen2222. 1 replies.
  • Mon, Jul 11 2016 5:16 PM

    • meeker99
      Consumer
    • Not Ranked
    • Joined on Tue, Jul 12 2016
    • AZ
    • Posts 1

    HOA Towing Fee

    Hello,

    I live in a HOA in Arizona.  I recently parked my car in an area designated for common area facility use only (people using the pool, playground, tennis courts, etc.).  I inadvertently left the car parked there overnight (my wife and I took two cars to the pool, but with the kids tired and cranky afterwards, we took one car home with the intention of walking down to pick the other car up after the kids were in bed.  My wife fell asleep while putting our baby to bed and I fell asleep putting our toddlers to bed).  The next morning when I went to pick the car up, it had been towed.  After reviewing the HOA bylaws, it specifically says that for first time parking offenses, "a Notice of Violation letter noting the violation, date, time, location, address, make, license number,and descriptive comments, will be sent."  For second offenses, "a record is made and a Final Notice is sent."  Not until after a "notice to be heard by the board" is towing ever mentioned.  I am not a habitual rule breaker in our association.  This is my first parking violation.  Is it reasonable of me to ask for my towing fee to be reimbursed by the association since they didn't abide by their own rules?  If they refuse, could I file a small claims case for breach of contract?  If so, what other expenses would be reimbursable, i.e. lost wages, mileage, etc.?  Thanks for your help.

  • Mon, Jul 11 2016 6:15 PM In reply to

    Re: HOA Towing Fee

    meeker99:
    Is it reasonable of me to ask for my towing fee to be reimbursed by the association since they didn't abide by their own rules?

    Sounds like it, but have you checked thoroughly to make sure they didn't abide by their own rules?  By that I mean have you read all the governing documents to make sure that the wording you quoted is the only thing in there about parking violations, and there are no exceptions to the policies you describe?

    One other thing to check:  were there signs in that parking area, warning that cars left there overnight would be towed?  If so, that could be considered fair warning that special rules applied to that particular area.

    meeker99:
    If they refuse, could I file a small claims case for breach of contract?

    You should follow whatever procedures your HOA governing documents have for appealing the towing charge.  Only after those procedures have been followed and have led to an unfavorable outcome can you hope to sue successfully.

    meeker99:
    If so, what other expenses would be reimbursable, i.e. lost wages, mileage, etc.?

    I don't personally know, but have read that courts won't usually allow such expenses to be included in the judgment.  Seems logically inconsistent with what I've read about creditors being allowed to charge debtors their "costs of collection," but I'm no expert in these things.

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