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I don't have any experience with HOAs but do they have or does the tow company have any responsibility to prove you were in violation? If not couldn't they just tow cars and say they violated some rule just to make easy money? Then it's your word against theirs...
Typically with HOA's tow trucks will respond to a complaint (fire lane, someone parked in someone else's space), usually that has to go through a process similar to the person making the complaint calls an HOA officer or the manager who then calls the tow company. Joe Resident can't just call.
The HOA's I deal with have that system. In addition they also have stickered parking so the assumption is made that anyone parking in the common lot without a sticker is trespassing since each resident has a sticker for their car(s) and guest parking hang tags. Again, this is all laid out in the HOA CCR's which every resident/owner/renter gets and has to sign.
On public streets, at least in MD, a car can be towed for blocking a fire lane, parking on an Emergency Route during a declared emergency (like a blizzard, you also have to have winter tires on if you're out driving at that time), blocking a fire hydrant or blocking someone's driveway (I had to have a car towed that blocked my driveway. The landlord next door kept telling her new tenants that my driveway also was her's. I had told them a couple times that their landlord was incorrect and they didn't listen. And no, the driveways aren't adjacent, her's is on the East side of the house as is mine, separated by 50 Ft.).
You won because they took the cars to the crusher. If they'd gone to impound and been held there for the prescribed time you would have lost.
He may not have a contract with the tow company but he has a contract with the HOA to abide by its rules. In those rules are the standards to be followed if a vehicle has to be towed by order of the HOA.
Please learn about what due process is . he would have won either way,HOA may have rules but according to the way thing have gone in the past even they can't violate your right to due process if you know how to push it . its grand thief auto for any one to toke your personal property with out your permission un less they go to court first. people need to get educated in what your Rights are , just because its in their rules and regulations doesn't mean it is lawful. Had it gone to impound the tow company would have had to apply to DMV for lien sale rights . ( the right to sell your vehicle for the fee's that have accrued on the storage. Now thats what will stop them because I have personally been in court and had a judge demand to see the contract signed by me for the services , and yes the tow co. driver tried to tell the Judge he was on the police tow list , the Judge shut him down and told him that didn't matter , he should have billed the cops but if he didn't return the car he was sure I would file grand thief auto against him and he (the Judge ) would send him to jail, its as simple as that . No matter what, you can't take someone else's property without the possibility of being charged with grand thief auto. It is very surprising to see how many people thing just because the cops do something that it is OK !
Most of the trucks where I live are rollbacks so keys are needed to put the car in neutral. I haven't seen a hook truck in years. That's why here the tow drivers were working with the thieves.
Having worked in the autobody business and used the rollback type trucks , even without the keys you only need a spray bottle filled with regular OIL and spray it in front of the drive tires to get it on the truck .
Actually he hasn't got the first clue, but that doesn't stop him from roving around the forums acting like Internet Lawyer.
Sorry , I am not acting like a "Lawyer", just explaining processes from "REAL LIFE Experances" hands on experances. Lawyer's as they state are just "practicing". When you have been there and done it you will understand . When you spend 3 1/2 yrs fighting a City pro-per, when most lawyers will state you "CAN"T WIN" , and in the end you do win BIG time , then and only then can you realistly say I don't have a clue as to what I am talking about . If you would like. just ask and i will DM you the court documents to prove what I am saying . As I have said hundreads of times the people's lack of knowledge along with the miss information taught in the law schools , lends to the fraud the courts and police are committing to the American public. Some people just don't get it ! as far as the cops and the police are comcerned you have "no constitutional rights",you are guilty as charged until you prove in their courts that you are innocent. Just like the Tow companies think they are protected because a cop told them to do some thing . even Judge Judy on TV has ruled the way I explain it ,on issues like this.Surely she can't be wrong?
Last edited by Fighter 1; 04-08-2012 at 01:03 PM..
Sorry , I am not acting like a "Lawyer", just explaining processes from "REAL LIFE Experances" hands on experances. Lawyer's as they state are just "practicing". When you have been there and done it you will understand . When you spend 3 1/2 yrs fighting a City pro-per, when most lawyers will state you "CAN"T WIN" , and in the end you do win BIG time , then and only then can you realistly say I don't have a clue as to what I am talking about . If you would like. just ask and i will DM you the court documents to prove what I am saying . As I have said hundreads of times the people's lack of knowledge along with the miss information taught in the law schools , lends to the fraud the courts and police are committing to the American public. Some people just don't get it ! as far as the cops and the police are comcerned you have "no constitutional rights",you are guilty as charged until you prove in their courts that you are innocent. Just like the Tow companies think they are protected because a cop told them to do some thing . even Judge Judy on TV has ruled the way I explain it ,on issues like this.Surely she can't be wrong?
Honestly, just shut up already. Your advice sucks, you don't know what due process is or how it applies to a given situation, you misinterpret the law, you misapply the law, you believe the facts and the law of your case apply universally to every case, and so on. Your insistence that you can win any case just by shouting "due process" or "verified complaint" is laughable, irritating, and false.
Honestly, just shut up already. Your advice sucks, you don't know what due process is or how it applies to a given situation, you misinterpret the law, you misapply the law, you believe the facts and the law of your case apply universally to every case, and so on. Your insistence that you can win any case just by shouting "due process" or "verified complaint" is laughable, irritating, and false.
And you are being taught differently then this in Law school ? additionally sorry to be Irritating you but fact are facts . Some times as the quote goes " you can lead some people to water , but you still can't make them drink". . End of story.
Last edited by Fighter 1; 04-08-2012 at 03:02 PM..
So, if these dudes with the unmarked tow trucks can just roll up in your neighborhood or public garage and steal your wheels, that is just bs!
This is why we need to get a nice shot gun, some great classes on how to use it... and blow some gonads off......
We just first have to figure out if the guy towing it is a crook or if he was called there by some thief to remove it from your driveway....
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