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My HOA seems to be violating the CVC 22658. My car was towed…

Customer Question
HI - my HOA...

HI - my HOA seems to be violating the CVC 22658. My car was towed without any notice (I was a new resident of only 5 days) from a visitor parking space. As I read the law they are required to notify the local traffic enforcement agency within 1 hour of the tow. I don't have any proof that was done.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Do I have any recourse for such actions? The HOA is also requiring registration with them on-site in my garage. Seems very unreasonable especially since I'm working 500 miles away. They said they have to inspect my garage. That violates my privacy.

Lawyer's Assistant: Has any paperwork been filed?

My condo is in Oceanside, CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only the paperwork from the towing company when I went there and paid over $250 impound fee.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/27/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,708
Experience: Licensed to practice before state and federal court
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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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Customer reply replied 8 months ago
Understood.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Ok, so if they managed to violate 22658, then you may be able to take them to small claims court for their actions. How much do you think you are owed because of their actions?

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Customer reply replied 8 months ago
The Impound fee was $267.00
Here's an extract of the law:tarting January 1, 2007, the Vehicle Code was changed so that associations may tow vehicles for parking violations only if at least one of the following conditions has been met:appropriate signage has been posted;the vehicle has been issued a notice of parking violation and 96 hours have elapsed since the issuance of that notice;the vehicle is inoperable and the local traffic enforcement agency has been notified at least 24 hours prior to towing; orthe property upon which the vehicle is parked is improved with a single-family dwelling.Towing Agreements. Associations should enter into written agreements with one or more towing companies (which must be listed on the towing signs) requiring them to comply with the requirements of the Vehicle Code, including:providing notice to the local traffic enforcement agency within 1 hour of receiving authorization by the association to tow a vehicle;immediately giving notice to the owner of the vehicle of the towing, the grounds for the removal, and the place to which the vehicle has towed; andproviding a copy of the notice to the proprietor of the facility (such facilities must be within a 10-mile radius of where the vehicle was removed), if the vehicle is stored in a storage facility.Specific Authorization. Except as noted below, each time a vehicle is towed (i) the association must provide a specific signed authorization to the towing company and (ii) a representative of the association must be present when the vehicle is towed. The towing request must contain the following information:the make, model, vehicle identification number, and license plate number of the removed vehicle;the name, signature, job title, residential or business address and working telephone number of the person authorizing the removal of the vehicle;the grounds for the removal of the vehicle;the time when the vehicle was first observed parked at the private property; andthe time that authorization to tow the vehicle was given.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks for providing that. If this is the case, then this may be eligible for small claims because in CA they handle things up to $10,000. Accordingly, you may want to consider that; however, it is possible that the fees for filing small claims may be worth more than the tow price. However, sometimes the threat of litigation is enough to keep the HOA from fighting on on the matter.

You may want to consider just writing a formal demand letter advising them that their violation of the civil code would result in damages, court costs, and attorney's fees if they do not reimburse you. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. What other questions did you have about this for me?

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Customer reply replied 8 months ago
That's all. Thanks.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

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