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.
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.
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.
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
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