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Can a property Manager have a car towed that is on an

Good morning, can a...

Good morning, can a property Manager have a car towed that is on an indefinate loan because it is not registered to the owner of unit, however unit owner is a named driver on the auto insurance? I sold my Ft Lauderdale condo to my brother and moved to The Netherlands and left my old 2006 Jetta to my brother for when my nephew gets his licence and starts college in the fall. PM is verbally intimidating and threatening towing. Unfortunatly I could not find the title in all the confusion of him moving in and me moving out. and didn't have time to get areplacement before I left the country and worked out the details ourselves. It's creating a lot of distress for us especially that I'm in Europe. Please,please advise!!! Thank you for your help

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

My brother has verbally told the PM that the car is for his personal use and I've sent emails to the PM saying I given the car for them to use and he's a named driver on ins.

Lawyer's Assistant: Have you talked to a Netherlandic lawyer about this?

The car is in Ft Lauderdale

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

Only does HOA and PM have legal right to tow ? Thanks

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6/13/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,851
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. I am sorry to hear about this. What do the HOA rules and regulations state, about vehicles and registration? Is there anything in the by-laws that says only vehicles that are registered to owners can remain? Is their issue that the vehicle is sitting idle and being stored?

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Customer reply replied 2 months ago
Hi, can the Property Manager / HOA tow a car that's on an indefinate loan to unit owner because it's not registered to unit owner, he is however a named driver on ins policy. I sold my Ft Lauderdale condo to my brother and left my old 2006 Jetta to him for my nephew so they can 2 cars(allowed). PM has verbally threatened to have my brother thrown out and the car towed. We did the sale only the middle of April and PM has been harrassing us since beginning of May. Please advise
Customer reply replied 2 months ago
I'm in The Netherlands so no calling. Does he have legal grounds to tow?

Yes, I did read the facts you shared above. What do the HOA rules and regulations state, about vehicles and registration? Is there anything in the by-laws that says only vehicles that are registered to owners can remain? Is their issue that the vehicle is sitting idle and being stored?

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Customer reply replied 2 months ago
It's sitting idle only because my nephew has not quite got his drivers licence which was explained in an email to PM and verbally by my brother, the unit owner.
Customer reply replied 2 months ago
I believe the docs say it needs to be current with registration and insurance

Thank you. The rules and regulations are going to control. By that, I mean if it requires the vehicle to be properly registered to the owner and have insurance etc and it does not or is not, they could have a basis to sue. They likely want to avoid vehicles simply being stored on the property. If an owner is not in compliance with the vehicle requirements, the HOA can have it towed, at the owner's expense. I know it is not ideal but if you are out of the country and need all this to be done, you can provide your brother with POA or whatever legal documents are needed, to correct the issue and show proof to the HOA, allowing for more time,

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Customer reply replied 2 months ago
How can it only be cars registered to owners? So you can't borrow a car or have use of a company car?
You could but I think if it was a company car you would/could show that it is registered to your company and you are an employee and have use if it. As far as borrowing a car that would be something that happens for a short amount of time and prior to towing they would need to provide notice so if needed the vehicle could be removed. I do not think there is anything wrong with the hoa requiring vehicles
To be registered to owners and wanting to avoid the parking be used for storing vehicles that are not in use. In a situation like this if it can be registered properly and according to the requirement this can be resolved.
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Customer reply replied 2 months ago
Unfortunately, between the time of me getting the car title From my safety deposit box and us going to the title office the day before I left...I lost the Title.. I don't know if it went to my public storage for my nephew threw it away. So that's why I say technical ly become a loaner till I get back and get a replacement!: I don't plan to visit til February !!!
If the title is lost you may be able to fill out the necessary forms and apply for a new one. You can contact the dmv this morning or proceed online to apply for it to start the process. Once that is done you can show proof to the hoa so they can provide you with more time.
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Customer reply replied 2 months ago
Already tried to get a new one on line. I need to go in person and that's not possible. He is added as a named insured driver of the car insurance. Residing at the condo address. The car is registered at the condo address just in my name not my brother's. Is his name on the insurance policy sufficient paperwork?
You can present it to them for consideration and explain what the issue is. If you will not be back until February you should consider giving him a limited poa to handle this and get the replacement title on your behalf.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 2 months ago
Hello, thanks for following up. We still can't fathom why that he being an authorized driver and on the insurance isn't enough. It feels an infringment of people's rights , Dictating where people get their cars!

You are welcome. I know it is frustrating and sometimes unreasonable restrictions are put in place, in these communities. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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