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I'm renting a Condo. HOA towed my car which was legally parked.
Anonymous6 views3 answers
HOA left a note on my windshield to update the Tabs on my car or move the vehicle. I spoke with the HOA for clarification. I then moved the vehicle off the property. I renewed the Tabs (Both myself and the car are from another state, so it took some time to get the car tabs renewed). I moved the car back onto the property. The HOA (which has my Unit number and phone number and email address), towed my properly licensed car Without Contacting Me. I read one answer to a similar situation that it might be a "claim for breach of the covenant of quiet enjoyment". What damage amount might I be entitled to ? My car has not been returned. Would this be a small claims issue or require an attorney?
Guy W BluffConstruction / Development LawyerPhoenix, AZAZ licensed ·
First Read the CC&R's. 2nd Get your car back. Your damages, if any, will likely be limited to the amount you paid to get the car back plus some minor amount for inconvenience or other out of pocket expenses in obtaining a replacement car. Likely about $50 per day at most. Your claim would be filed in Small Claims Court since they are best suited to handle this type of matter and the case would have to go to mediation prior to any trial.
The Association, and many cities in Maricopa County, have specific ordinances which allow a vehicle which is not properly registered (old tags) to be towed or cited. The basis is that they are trying to avoid "abandoned" vehicles on public streets. Scottsdale is famous for this type of citation.
If you received the notice, provided them with proof of ordering the tags (but they had not been received yet), you may have a case for the towing and inconvenience charges. Again - read the CC&R's to see what basis they were claiming the vehicle was impounded based on.
Charles M Leftwich JrBankruptcy AttorneyPhoenix, AZ ·
Not knowing the specific facts of your case, this may be an issue to be brought before the Superior Court which has unlimited dollar amount jurisdiction. I would suggest that you have a lawyer familiar with HOA law review the HOA's CC&Rs. They can be extremely confusing to the novice. Many times it may appear the HOA is in breach when in fact they are not, notwithstanding appearing execute onerous rules and regulations.
I agree with Mr. Leftwich, and you should be concerned first about getting your car back. There is no guaranteed amount to which you might be entitled. In fact, if the HOA is legally within their rights, you might be entitled to pay their attorney fees. Please consult with a knowledgeable attorney.
