1962 Chevy long bed (classic). I got a typed up notice from home owner association telling me I had 48 hours to move my truck or it will be towed. I called them and no answer so I left a message. The following day I got a call from them and was told my truck is an eyesore and needs to be removed. My truck is registered and it does run. I don't use it all the time because of gas mileage but, when I have big jobs I have to use it. It don't make since to me at all. They don't like the the way my truck looks so they can have it towed. The streets around here are not the safest, cars are broken into quite often. If I put my truck on the street, I may as well leave it running and let them have it. My plates were stolen in my parking lot so imagine what will happen on the street. I need help pls
You really need to look at the CC&R's and Bylaws for your Homeowner's Association and see what is says regarding parking. If where your parking, your truck is allowable, I would not think they would be able to tow it because they don't like the way it looks. Without reading the language pertained within the Provisions of the CC&R's and/or Bylaws, no one can give you a definitive opinion.
The HOA’s authority to tow cars from the condo complex is governed by several sources. First, what does the deed to your condo say about parking? Do you have a specific, assigned space or spaces in a common area parking structure? Are the spaces identified on the recorded condo plan? Assuming you have a specifically assigned space(s), the next step is to review the provisions of the Covenants, Conditions, and Restrictions ("CC&R's"), and any special set of rules adopted by the HOA that address homeowner vehicle parking. Usual provisions include prohibiting long term storage of disabled vehicles, oversized vehicles, RV’s etc. Except for the CCR’s and special rules, the HOA's Board of Directors' legal authority to tow vehicles from the common area is limited to the circumstances set forth in Vehicle Code Section 22658. ( see this link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22650-22711 ), mostly emergency situations.
The notice should tell you what sections of the CC&R's or rules you are breaking. If it doesn't, ask. Check the rules and CC&R's yourself. After reviewing your deed and the other materials, if you still think the HOA does not have the authority to tow your truck, challenge them in a letter - and do so very soon.
The letter should detail the facts from your point of view and how the law or exception applies or doesn’t apply to your situation. By getting your side of the story down in writing, third parties (like judges or mediators) can read your letter and know exactly what the dispute is all about - from your perspective. You should also be aware that rightly or wrongly, you will be judged by the quality of your letter. If you are not a good writer, get some help from a friend or family member who is. A good presentation is always important. If the matter is important enough to you, it may be worth paying someone to write the letter for you.
The letter should also state that if the HOA does not agree with your position and still plans to tow your vehicle, you want to invoke the formal dispute resolution procedures provided by Civil Code Section 1363.820(a), Civil Code Section 1350 et seq, and Corporations Code Section 7110 et seq. In accordance with the governing statutes, within 5 days after your demand the Board shall designate a member of the Board to meet and confer with you within in person within 10 days thereafter in a good faith effort to resolve the dispute. The letter should also request that the HOA refrain from towing your vehicle until the dispute resolution process is complete.
If you cannot come to a mutually acceptable resolution with the HOA, you may have to engage counsel to assert your legal rights.
