HOA strikes again

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snipped-for-privacy@aol.com wrote:

Yes. Texas law requires the physical presence of a person authorized to give permission to the tow-truck operator. In this case, it would have been the president of the HOA or his designee.
Some HOAs and apartment managers enter into an (illegal) predatory towing agreement with a wrecker service.
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wrote:

How can an HOA authorize anything from the homeowner's property? Was this in a common area or in his yard?
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wrote:

We just had a tow truck company charged with auto theft here after a spate of towing irregularities. There have been lots of these things and people who elect politicians are not taking it anymore.
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On Fri, 19 Jun 2009 22:41:46 -0400, " snipped-for-privacy@earthlink.net"
A condo association is not the same as an HOA
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snipped-for-privacy@aol.com wrote:

Legally, pretty much the same. They can impose and enforce rules, sue the owner, and even place liens against the property.
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wrote:

The big difference in this case is who owns the grass in front of the dwelling. In a condo the only thing the homeowner owns is the interior of their apartment. The condo association owns everything else. They have the legal right to tow from a common element. In an HOA the homeowner owns the yard and it is still private property. There are covenants on what you can do there but I doubt they have the right to tow a vehicle. It is certainly not true in any Florida HOA I know of My wife is a licensed CAM with a master assn, an HOA and 5 condo assns in the community she manages. She was really surprised at this story.
I know the HOA in my neighborhood looked into towing vehicles from our boat ramp parking lot and our lawyer said it was a mine field.
If I was the guy in this story I would send the HOA a bill for everything I had to pay to get my car back, minus the listed fine for the parking violation.
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wrote:

IMO, they both speak out each side of their mouths. I just don't know how they do it with one eye shut.
A "bored" member across the street gave up on me years. Never had to hold his feet to the fire.
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We got an intimidating book of regs. when we first moved into our retirement village.
But, like any place, there's always that 10%. who doesn't maintain their yard, who lets the dog bark at all hours who leaves trash in the yard who doesn't pick up after their dog. who want to sub-let to a bunckh of teen-age partiers
You come to realize, the book was written for people with no common sense, or no consideration for their neighbors.
They do get evicted ! But sometimes it takes too long.
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We have friends who live in a HOA, and they were not given the rules until after signing.
Steve
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wrote

And yet they still signed? That certainly sounds dumb to me. No way would I deal with an outfit that would not give me the rules up front. If that is the policy, they may have some legal way to avoid complying with "after the fact" rules.
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