Real Estate Law
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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Did you ask for a copy of any HOA rule against "eyesores" that the manager is referring to?.
Did your lease include the right to park on the property? (you were parking there fine before the accident, right?)
Ok, then the manger is likely bluffing you. Tell them that you would like to see the specific rule that prohibits parking on the property with a damaged vehicle. If he can't provide a copy of an actual rule, then you can tell him to go jump off a cliff and stop bothering you or you will file a criminal complaint for harassment.
Ok, that changes things if they actually have an established rule about damaged vehicles. Since it is private property, they can establish whatever rules they want to for the property under the guise of keeping it neat and tidy looking..
Your landlord should have provided you with a copy of the rules, as he is negligent in not doing so, but ultimately, they will be able to enforce the rule as long as it is clearly defined. If it says something like "no eyesores" then you could challenge it as being vague since there is no legal definition of what an eyesore is. But this would require you to sue them under a breach of contract claim if they tried some punitive action against you and try to have the rule declared "void for vagueness".
Well, you can ignore their demands and see what they do. But if they have your car towed, that creates another problem entirely new for you as you then would have to pay to get your car released. You could try to sue your landlord for any damages for him not making you aware of the rule about damaged cars, but that wouldn't stop any negative action from the complex..
If they fined you or did something else like that, as I mentioned, you can challenge the rule as being too vague to be enforceable if it is completely subjective based on someone's opinion of what an eyesore is. If they don't clearly define what is prohibited, then default state law controls and there is no restriction there as long as the vehicle is titled and registered and insured.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
You are very welcome, even if the news is kind of lousy..