We live in a gated community and are members of the association. We requested a parking permit for the parking lot that belongs to the association. It was issued but what we didnt recognize that it said VISITORS PERMIT. We parked the car at the spot marked for RESIDENTS OF THE ASSOCIATION ONLY, however there was no sign such as for visitors. The car was towed, there was no address of the towing company displayed and the person whose number was listed didnt answer the phone for 5 hours and didnt return calls. The address also wasnt displayed, actually online it is listed as PO BOX. Now we have to recover the car that was towed to Yorktown, although we live in Hampton, VA. Do we have any legal basis for suing our association?
Update. We finally got through to the towing company. The charged us $176 for the towing plus 3 days of keeping the car. Not to mention, they only accept cash. Tomorrow i drive there to recover the car. What are the documents they have to provide us? Is it legal to accept cash only, that is what they said? What are the possible mistakes this company could make to contribute to a possible civil action against association? In addition, the property management company responded that they had the right to do what they did, stating that those who had a visitors permit could not park at these reserved spots, however, residents could park even without any permit. This doesnt make any sense!!! How then would anybody know who the owners are, if they do not have any decal displayed because they could as well be visitors or somebody who has no right to be there at all?
Update: email from the property management:
The "Visitor" passes are just that, for visitors. If you park in the resident space you are not to display a visitor pass or a marina decal at all. The residents of XXX do not have resident parking decals or placards therefore in order to park in a resident marked space you are to display nothing at this time. The overflow parking lot is intended for visitors. Most owners park their personal vehicles in their driveways or garages, not the parking lot, therefore there was no reason to issue resident decals to the owners, just the placards for any visitors that you may have that need to park in the parking lot however visitors are not permitted to park in the resident marked spaces.When you placed those placards in your vehicles you were to park in the unmarked spaces if you park there at all. If you parked in the resident marked spaces then you should not have displayed the vehicle as belonging to a visitor.