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My NC HOA towed my Toyota Tacoma with out notice saying it…

My NC HOA towed my...
My NC HOA towed my Toyota Tacoma with out notice saying it was a commercial vehicle because have my business logo on it. The rules say “ Any resident desiring to park anything other than a passenger vehicle or light truck must present their request to the Architectural Committee.” It was parked in the area I always park in front of my townhouse. They have a towing company that just drives and removes at will. I was told my vehicle was not either a passenger vehicle or light truck because of logo. Nothing in rules say no logos. I asked what I would have to do to make it concitered a light truck, they said remove logo. I feel I should of got a notice, I would of removed! Do I have a case?
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Answered in 5 minutes by:
6/10/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,203
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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The answer to your question is yes.

This appears to be a classic breach of contract on the grounds that they towed your vehicle without confirming that it was a "commercial vehicle." Unless they have defined "commercial vehicle" as having a logo on the side, it is a breach. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 2 months ago
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Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. Did you get a chance to see what I put? What questions did you have for me about that?

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Legal Eagle, Lawyer
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