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How does HOA keep owners from parking on cluttered streets?

Posted on Thu, Jul 21, 2011 @ 06:47 AM
  
  
  
  
I live in over 300 unit complex in Michigan that is over 20 yrs old. We have one car garage and some unit owners use their garage for storage or feel it's not the boards place to enforce the bylaws that garages and driveways need to be used first before parking on the street. We (the BOD) have been working to enforce the bylaw for parking to eliminate multiple cars on the road causing issue with traffic as well as residents walking around cars (we don't have common walkways) and putting themselves in traffic. We have a few residents that state the garage is not a common element and therefore cannot be forced to be told how and when to use their garage. Any clarification or prior experience with this?

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COMMENTS

If they are parking on a public street why is the board making this their business? If it is a public street, the street belongs to the city, if they have a problem they will deal with it. Also, while your intent is good, I do not believe, it is the boards place to tell people what is safe or not safe in a public street. Unless there is more here, the board is over stepping.

posted @ Thursday, July 21, 2011 7:11 AM by Donna Alfieri


Many streets in a condo development are not deeded to a city; they are private roads maintained by the condo association and repairs, etc., are paid out of maintenance fees. Most by-laws, rules, etc., specifically clearly state and limit parking to certain areas, especially parking in one's driveway, visitors parking, etc.  
 
As the above comment states, if it is, however, a "public street" and maintained (i.e., plowed, paved, repaired) by a city that is completely different than owned by association. There are also areas where "no parking" is observed because of fire lanes, etc.  
 
IMHO, it IS the boards place to enforce safety on streets dedicated to the association. 
 

posted @ Thursday, July 21, 2011 7:25 AM by Revo


As a follow up the complex is "private roads and the HOA maintains repairs, plowing etc..." The city has no responsibility nor do they patrol the streets for speeders (which is another topic) which we are trying to address as well.

posted @ Thursday, July 21, 2011 7:46 AM by Kelly


If all of the following conditions are met (streets owned & maintained by HOA, the bylaws do not allow street parking, and "no parking" signs are posted), then you could have the cars towed away. It's as simple as one phone call. 
 
Shop for a towing company in your neighborhood who has the best response time. 
 
You should consult with an attorney first in regard to the "no parking" signs. There are probably regulations in terms of how tall, how many, etc. 
 
Even though your bylaws may have stated "no parking on the street" for quite some time, it would be a good thing to send a notice to all owners stating that it is about to be enforced (especially, if it was never enforced before).

posted @ Thursday, July 21, 2011 7:52 AM by Troy


@ Kelly: Many tow companies will make up "towing signs" listing your ordinance, etc. If you do not have such a sign I suggest you do before any towing is done. Issuing a first warning via note on windshield and X-number of days to remedy the situation, or they will be towed. Keep track of the license plate number, date/time, etc. No one likes their car towed.  
 
Motto: If you don't like the rules then maybe condo living isn't for you. Good luck.

posted @ Thursday, July 21, 2011 8:20 AM by Revaro


1) If roads are private and your by-laws state that garages and driveway are for car parking only, then as Troy states "Tow them". Have the Board adopt a No-Parking policy for your roads then a violation can be made, either a large fine or towing. I would prefer towing. Remember, when each owner bought their property, they should have received the Association documents as pert of they sale and as such agreed to those policies, rule or regulations, 
However. if all are city/county maintained, then call law enforcement and they will have the vehicle towed.

posted @ Thursday, July 21, 2011 8:27 AM by cebo


We have a similar situation. Our units are in clusters, off a main street. We have a one car garage, where the primary car is in the garage and the secondary car is behind the garage. Visitors and HO's often park in the circle causing cars to be blocked in. We have issued warning tickets and fines. We have installed towing signs with warnings. It is a violation, if an ambulance or a police car cannot gain access. Some clusters, do not have issues but some clusters have big problems with parking. It is an inconsiderate world and people will not comply unless they are fined or towed away. We came to these decisions, the hard way.

posted @ Thursday, July 21, 2011 8:42 AM by jersey


Regardless if private or city, call the fire marshal in your jurisdiction and review the parking situation. He may have FIRE LANE signs posted, sending all those who park there into the "Naughty Room." 
Are fines paid? Titrated fees after first fine. It is very dangerous, and especially in the winter here in Michigan!

posted @ Thursday, July 21, 2011 8:52 AM by Revaro


Regardless of whether it is a public street, unless there is case law in MI prohibiting an HOA from enforcing parking restrictions on public streets, regardless of what others here say to the contrary, the BOD has the right to do so. This type violation should be handled the same as any other CCR violation -- a warning, fines, etc. The way my assn handles parking on the street, is to only send a violation if the driveway is not full and after the vehicle has been noticed for 2 days. This usually prevents sending a violation for guests. 
 
 
 
If you are in a condo assn, then your streets most likely are private giving the BOD even more authority to send violations noticesd and also to tow. 
 
 
 
While it's true the BOD cannot tell the members what to use their garage for, they should be told that if they choose to use it for anything other than parking their car then they may be subject to a violation for parking on the street.  
 
 
 
Some assn's also have restrictions against parking on the driveway; however, IMO it's much better to allow vehicles to be parked on the driveway than the street. Some vehicles just do not fit in the garage and some members may have more vehicles than garage space.

posted @ Thursday, July 21, 2011 1:52 PM by mary


Our streets are privately owned and maintained by our Association. Some residents are smart enough to post their spaces as towaway zones but in any case, having cars towed are the best way to stop them from parking where they don't belong. The issue of safety is always a concern and parking in the street in the winter is another problem. People need to grow up and realize that they have an obligation to their community!

posted @ Friday, July 22, 2011 11:36 AM by Linda Baker


Our Washington state 130 unit condo property faces the same problem. We were advised by the police to change the painted curbs from yellow to red so they could enforce our parking rules. We also had trouble with people using their garages as storage instead of parking. The board has gone to a parking sticker program. Red stickers are for garage parking only and go on the owner's "primary vehicle". A green sticker is issued for a secondary vehicle to be parked in the common area. Three or more vehicles must be parked outside on a public street unless given special permission from the board. Our attorney said we could not tell the homeowners "what they can put in their garage" but we can tell them the only place they can park their primary vehicle is in their garage. A few have challenged the board by trying to sneak around the rules and found themselves going to the towing company to bail their cars out. Parking is always an on-going problem because a small percentage of the owners and their guests believe they have the right to decide for themselves. This is a battle you will always have to put up with, unfortunately.

posted @ Sunday, July 24, 2011 7:15 PM by Renee


COMP 
 
JOHNNY EARL HAMMOND (Filing Stamp Only)  
 
73 BACKSPIN COURT 
 
LAS VEGAS, NEVADA 89148 
 
Tel. (702) 476-9699 
 
Cell. (702) 439-2002 
 
 
 
IN PROPRIA PERSONA 
 
 
 
 
 
 
 
 
 
JUSTICE COURT 
 
CLARK COUNTY, NEVADA 
 
 
 
 
 
 
 
 
 
JOHNNY EARL HAMMOND ) CASE NO.  
 

 
) UNLAWFUL TOW;  
 
Plaintiff ) DAMAGES FOR LOSS OF 
 
) USE OF VEHICLE; 
 
) FRAUDULENT  
 
) CONCEALMENT; 
 
) INTENTIONAL 
 
Vs. ) MISREPRESENTATION; 
 
) IMPROPER USE OF 
 
RHODES RANCH ASSOCIATION ) AUTHORITY;VIOLATIONS OF 
 
AND QUALITY TOWING ) NAC 706.427 AND NRS 706.171; 
 
) AND VIOLATIONS PURSUANT  
 
) TO NRS 487.039,038 et seq; AND  
 
) DAMAGES TO VEHICLE; 
 
DOES 1 THROUGH 20 ) DECLARATORY RELIEF 
 
INCLUSIVE ) Hearing Date:  
 
) Hearing Time:  
 
) Honorable:  
 
Defendant (S). )  
 
_______________________________________  
 
 
 
 
 
 
 
 
 
COMPLAINT 
 
 
 
1. This is a Complaint for damages arising out of AN ILLEGAL Towing of plaintiff vehicle a 2004 Nissan Titan Vin No. 1N6AA07BX4N549915, and for violations of Nevada Codified Laws NRS 487.039, NRS 706.171, and NRS 487.038 ET SEQ, and damages to vehicle resulting from the tow or at the defendants Tow yard. Defendants Concealed material facts that the Towing was Legal and authorized by Nevada State Laws.  
 
JURISDICTION 
 
2. This Court has jurisdiction to issue injunctive and declaratory relief pursuant to 28 U.S.C. § 2201 and U.S.C. § 1391. All action pertinent to this complaint occurred in Clark County, Nevada.  
 
PARTIES 
 
 
 
3. The Plaintiff JOHNNY EARL HAMMOND an individual over the age of 18 and is a resident of the State of Nevada.  
 
4. The defendant RHODES RANCH ASSOCIATION is a Corporation engaged in the business, among other things of managing the property in the State of Nevada.  
 
5. The defendant QUALITY TOWING is a Corporation engaged in the business, among other things of Towing Vehicles in the State of Nevada.  
 
 
 
PRELIMINARY STATEMENT 
 
 
 
6. On July 11, 2011 Defendant RHODES RANCH ASSOCIATION caused for the illegal towing of Plaintiff’s vehicle a 2004 Nissan Titan Truck a 4 by 4. 
 
7. According to Nevada State Law NRS 706.171 ET SEQ, it should have been a display of signs marking of property, No signs were posted at all indication that your auto mobile will be towed at owners expense. 
 
8. Except as otherwise provided in subsection 7, an operator of a Tow car shall Not Tow a vehicle from private property at the request of the owner or person in lawful possession of the property, or a designated agent of the owner or person in lawful possession of the property, UNLESS a sign is displayed on the property in accordance with the provisions of NRS 487.038, any APPLICABLE MUNICIPAL AND COUNTY ORDINCES AND SUBSECTION 6. 
 
9. A sign or signs displayed on a parking lot pursuant to subsection 1 must:  
 
(a) Be printed with contrasting background and lettering; 
 
(b) Use readable lettering; 
 
( c ) Be placed on the parking lot in such a manner that it is in the field of view of all drivers entering the lot; 
 
(d ) Include the name and telephone number of the local law enforcement agency which is to be notified of a tow. 
 
No Signs were posted at all by defendant RHODES RANCH ASSOCIATION. 
 
10. Defendant QUALITY TOWING should Not have Towed Plaintiff vehicle if No signs  
 
were posted, furthermore, NEVADA LAW 487.038 ET SEQ - PRIVATE PROPERTY  
 
487.038 Removal of vehicles parked in unauthorized manner on private property: Conditions;  
 
notices; liability for costs.  
 
11. Except as otherwise provided in subsections 3 and 4 the owner or person in lawful  
 
possession of any real property may, after giving notice pursuant to subsection 2, utilize the  
 
services of any tow car operator subject to jurisdiction of the public service commission of  
 
Nevada to remove any vehicle parked in an unauthorized manner on that property to the nearest  
 
public parking garage over storage yard if:  
 
A sign is displayed in plain view on the property declaring public parking to be prohibited or  
 
restricted in a certain manner: and The sign shows the telephone number of the police  
 
department or sheriff's office. Oral notice must be given to the police department or sheriff's  
 
office whichever is appropriate, indication: The time the vehicle was removed: The location from  
 
which the vehicle was removed: and The location to which the vehicle was taken.  
 
Any vehicle which is parked in a space designated for the handicapped and is not properly  
 
marked for such parking may be removed if notice is given to the police department or sheriff's  
 
office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.  
 
12. The owner or person in lawful possession of residential real property upon which a  
 
single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the  
 
services of any towing car public operator subject to jurisdiction of the public service  
 
commission of Nevada to remove any vehicle parked in an unauthorized manner on that property  
 
to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to  
 
subsection 1. All costs incurred, under provisions of the section, for towing and storage must be  
 
borne by the owner of the vehicle, as that term is defined in NRS 484.091.  
 
The provisions of this section do not limit or affect any rights or remedies which the owner or  
 
person in lawful possession of real property may have by virtue of other provisions of the law  
 
authorizing the removal of a vehicle parked on the property.  
 
(Added to NRS by 1973, 1110, A 1981, 985; 1995, 1607)  
 
REVISER'S NOTE.  
 
Ch.494, Sats.1995, the source of subsection 4 of this section, contain the following provision not  
 
included in NRS:  
 
"The provisions of this act apply to a vehicle which is towed pursuant to NRS 487.037 or  
 
487.038 on or after October 1, 1995." 
 
The defendant RHODES RANCH ASSOCIATION has Not met any of the Laws authorizing him to legally to have plaintiff car Towed. 
 
The plaintiff vehicle was parked in front of him home with a sticker on his windshield authorizing him to park on the property. 
 
Plaintiff JOHNNY EARL HAMMOND was NOT informed that his vehicle will be towed if parked in front of his home, in violation of NRS 487.039,038 et Seq. 
 
13. The defendant RHODES RANCH ASSOCIATION has committed Fraud by not telling plaintiff in writing or verbally that his vehicle will be Towed if parked in front of his house. 
 
14 There were NO signs posted AT ALL, AT ALL. 
 
15. Defendant RHODES RANCH ASSOCIATION has missed used it’s authority by NOT  
 
informing plaintiff in any way that is car will be Towed if parked in front of his property.  
 
16. Defendant QUALITY TOWING has damage the subject vehicle, the lift gate was damaged and the driver side front covers that covers the wheel wells has been torn.  
 
17. Defendant RHODES RANCH ASSOCIATION has misrepresented it’s own position by not giving plaintiff a overnight pass to park vehicle on property in front of his home  
 
18. Plaintiff JOHNNY EARL HAMMOND had to pay $ 235.35 in order to get his vehicle from the impound. ( see exhibit 1 )., Plaintiff is asking for the Defendants to repay this amount plus Damages. 
 
19. Plaintiff is asking for defendant QUALITY TOWING to pay for damages to the subject vehicle. 
 
 
 
FIRST CAUSE OF ACTION 
 
( UNLAWFUL TOW) 
 
 
 
1. Plaintiff realleges and incorporates by reference paragraphs 1 through 20 as though set  
 
 
 
forth in full herein and further alleges as follows. 
 
2. Defendant RHODES RANCH ASSOCIATION has violated Nevada LAWS NAC 706.427 AND NRS 706.171 AND VIOLATIONS PURSUANT TO NRS 487.039,038 et seq;  
 
In order for defendant to have a vehicle towed all LAWS in respect vehicle towing Must be abided by, defendant has violated all LAWS in respects to vehicle towing and has set its own LAWS which are in violation to state LAWS. 
 
SECOND CAUSE OF ACTION 
 
( LOSS OF USE OF VEHICLE ) 
 
3. Due to the illegal acts of defendant RHODES RANCH ASSOCIATION of having plaintiff automobile Towed illegally plaintiff suffered Loss of use of the subject vehicle. 
 
THIRD CAUSE OF ACTION 
 
( FRAUDULENT CONCEALMENT ) 
 
 
 
4. Plaintiff realleges and incorporates by reference paragraphs 1 through 20 as though set  
 
 
 
forth in full herein and further alleges as follows. 
 
Defendant RHODES RANCH ASOCIATION has concealed the fact that if your vehicle  
 
is parked in front of your home legally it will be towed at owners expense for no reason at all. 
 
FIFTH CAUSE OF ACTION 
 
( INTENTIONAL MISREPRESENTATION ) 
 
 
 
5. Defendant RHODES RANCH ASOCIATION has misrepresented it self by telling plaintiff that residence persons DO NOT NEED A OVERNIGHT pass to park there vehicles on the streets in front of there homes.  
 
SIXTH CAUSE OF ACTION 
 
( IMPROPER USE OF AUTHORITY) 
 
 
 
6. Plaintiff realleges and incorporates by reference paragraphs 1 through 20 as though set  
 
 
 
forth in full herein and further alleges as follows. 
 
Defendant RHODES RANCH ASOCIATION has improperly used it’s authority  
 
 
 
by having plaintiff automobile Towed illegally, there are several State LAWS that are supposed to be abided by in order to Tow a Vehicle off of private property, defendant has Not abided by ANY of these LAWS what so ever. 
 
EIGHT CAUSE OF ACTION 
 
(VIOLATIONS OF NAC 706.427 AND NRS 706.171; AND VIOLATIONS PURSUANT TO NRS 487.039,038 ET SEQ;) 
 
 
 
7. Plaintiff realleges and incorporates by reference paragraphs 1 through 20 as though set  
 
 
 
forth in full herein and further alleges as follows. 
 
8. Defendant RHODES RANCH ASSOCIATION has violated all Nevada State LAWS in regards to the towing of vehicles off of private property, the LAW states that in order to have a vehicle towed you must post signs indicating that your automobile will be towed at owners expense, it must be in legal font, must be readable, and MUST state the official towing facility name and phone numbers, defendant RHODES RANCH ASSOCIATION has not and will not post anything. 
 
NINTH CAUSE OF ACTION 
 
( DAMAGES TO VEHICLE AND DECLARATORY RELIEF) 
 
 
 
9. Plaintiff realleges and incorporates by reference paragraphs 1 through 20 as though set  
 
 
 
forth in full herein and further alleges as follows; 
 
Defendant QUALITY TOWING has caused damage to the subject vehicle either by the illegal tow or at the impound station, the lift gate is damaged and the drivers side wheel well is torn. 
 
10. Defendant QUALITY TOWING should NOT have towed the subject vehicle off of private property without signs being posted, Nevada State LAW NRS 706.171 ET SEQ. 
 
 
 
PRAYER FOR RELIEF 
 
1. WHEREFORE, plaintiff prays that this Court/Superior Court to enter judgment in plaintiff favor on each and every cause of action set forth above and award relief including but not limited to the following: 
 
a. For the illegal tow of plaintiff vehicle in the amount of $ 5,000.00 dollars. 
 
 
 
 
 
b. As a proximate result of defendants RHODES RANCH ASSOCIATION and QUALITY TOWING illegal tow plaintiff suffered the following damages which are the natural, reasonable, and proximate result of the illegal tow, damages in the sum of $3,000.00 dollars, all of which in includes fair compensation for time and money properly spent in pursuit of justice and getting the subject vehicle out of the impound, and $ 235.35 the cost to retrieve the subject vehicle from the impound. 
 
c. And, such other further relief to which plaintiff may be entitled as a matter of law or equity, or which the Court determined to be just and proper. 
 
DEMAND FOR A JURY TRIAL 
 
Plaintiff hereby demand a trail by jury of all issues triable in this action.  
 
 
 
 
 
 
 
By Plaintiff JOHNNY EARL HAMMOND 
 
__________________________________ 
 
 
 
DATED: July 12, 2011 
 

posted @ Thursday, July 28, 2011 4:17 PM by Johnny Hammond


Any HOA that decides to tow vehicles that illegally parked IAW the assn's gov docs should definitely know the towing laws. Towing can only occur on private property -- not on public streets -- and most states have specific towing laws that must be adhered to. Even though an assn may have the authority to tow, they must ensure that it is only done according to the laws of the state they are in.

posted @ Thursday, July 28, 2011 6:12 PM by mary


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