Dan, what do you think...
Dan, what do you think of this.Dear Exeter Board of Directors
This is to inform you that I am contesting the recent towing of my vehicle and trailer. I base my challenge on multiple facts.
- 1) Incorrect application of HOA bylaws The guidelines state:
“3. Vehicle - Upon confirmation of a violation, the Managing Agent will place a ticket on the vehicle or, if the address of the person responsible for the vehicle is known, issue a letter, with notification that unless the vehicle is removed and/or the violation corrected, the vehicle will be towed in ten (10) days at the owner’s expense.”
The “OR” is important. If the address is known the Managing agent with send a letter to resident informing vehicle will be towed in 10 days. What it doesn’t say if we don’t know address of vehicle owner we will employ a different standard. It means a ticket will be placed on vehicle informing that vehicle will be towed in 10 days. HOA may not like current rules but that is how they are written.
- 2) Lack of signage on parking lot denoting it is as private property and towing may be enforced. No signage observed from Battlefield to Lot. (video file included)
- 3) Arbitrary enforcement of parking violations
within the community (i.e. single family versus town home sections) (photos provided)
- 4) Arbitrary enforcement of violations in general which leads to assumption that rules while generally enforced the do have some flexibility (example: tolerance of basketball hoops in single family versus no tolerance in town home sections) (photos provided)
- 5) Towing was personal meant to send a message (I posit that BOD knew this was my truck, BOD member saw this truck over 13 years at monthly BOD meeting with distinctive black smear on passenger side) that there was a new sheriff in town and that my lax attitudes toward community rules no longer applied
- 6) Continuing hostility toward me related to my removal as BOD president due to my handling of the Dam litigation
with Town of Leesburg. Removal may be related to my friendly/ethical attitude in dealing with Town of Leesburg such that BOD/HOA Legal Council/ HOA Property Management may possibly commit fraud or act in unethical manner in such dealings. (ask yourselves “Does he know real reason why HOA changed course and made a settlement offer to Town of Leesburg”).
1) I am asking for reimbursement of $1170 tow fees plus $64 attorney fees.
2) Removal of Empire Towing as Exeter HOA tow company. They are all that is wrong with utilizing these kind of companies. Find a company closer to Leesburg with more reasonable fees. Ensure that BOD actually know how much this actually costs fellow residents
3) Re-examine parking policies
. Towing for health and safety of the residents clearly is necessary and should provide a majority of towing needs. However, towing in non-emergency situations should be approached with greater caution and follow currently established HOA rules. Consider a volunteer collection of license plate data maintained by management.
4) Examine your own ethics in relation to items 6 rather than questioning mine.Mark Cheplick