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dkennedy, Lawyer
Category: Real Estate Law
Satisfied Customers: 6009
Experience:  15 yrs legal experience; Owns rentals
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I am a member of a Home Owners Association in Newfoundland

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I am a member of a Home Owners Association in Newfoundland PA. Our roads are part of the common ground and are maintained by the HOA. Sometimes during the winter months, a member parks his car in the road, which prevents the road from being plowed. We have a rule says "No parking on Association Roads. In addition, the HOA has signs posted that states, "No Parking-Vehicles Subject to be Towed at Owners Expense." My question is, can we tow his vehicle? The member has been warned at least twice. Thank you. Dale Sourbeck

dkennedy :

Hello, Thank you for requesting me. I would say that the HOA would have the absolute right to tow the car for several different reasons--breaking the rules of the HOA, but also public safety, it is a private road, etc. If there are specific ramifications in the rules, that would even bolster your rights, but if the rules are clear, tow the car and let the guy redeem it or not as he wishes. It would be the same if someone parked in another's yard after being told not to. You are all owners and have issued rules for the members to follow.

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