Nothing feels more brutal on a soothing summer day than to come back and find that your vehicle has been towed away! It feels pathetic. There remains a blend of guilt and rage and anger and sadness. You wonder if the HOA or Mixed Use Management (Texas, USA) can really tow away your vehicle or not! So what does the law say about such issues and what are your rights? Worth Ross (Texas, USA) gave us some vital details about it. This article will share the same.
Rights of HOAs and MixedUse Management on towing vehicles!
When you talk about HOAs and Condos, you do not only talk about beauty and harmony, you also talk about rules and restrictions. These are the rules that try to ensure that things stay at their place within the boundaries. These rules also try to ensure the aesthetic outlook of that society. But what does towing the vehicles have anything to do?
When can an HOA tow a vehicle!
It is not that HOAs are allowed to tow away vehicles any time they need from any place they want, says Worth Ross (Texas, USA). For towing to happen, the vehicle must be parked in a way that is violating the rules and policies put in the CC&R. This usually happens when you park your vehicle at a prohibited place or you park the vehicle for an extended period of time. It ensures that the flow within the community does not get disrupted.
Most probably, your state laws could have allowed towing too under certain conditions. For example, the HOA or Condo must put a warning sign-post at the locations prohibited. Or they might also put the time limit allowed before the vehicle gets towed away. Mixed Use Management (Texas USA) sees similar rules too.
Rules that the towing company should follow!
Usually, the management companies go into a contract with the towing company. This means that the towing company takes the charge completely. This does not mean that they are allowed to tow vehicles from anywhere. There are codes that they must follow. For example, they need to give prior notice before towing away. They might incur a certain amount as a fine before they take the vehicle away. If there are damages done to the vehicle while towing away the vehicle, the company is liable to pay. Furthermore, if you think that they have towed wrongfully, you have every right to compensation. There had been a case where the towing company had towed away an SUV without following the towing codes. This had led to a loss to the vehicle owner and the company had to pay for them.
Hire a good management company that knows how to assess a towing company before going into a contract with it. Many towing companies operate from someone else’s garage and do not follow the required codes. A good management company with expertise at hand knows how to check for the reputation of a towing company. This saves the residents from unnecessary troubles.
Your rights against HOA and Mixed Use Management regarding towing!
First, you must always check the CC&R of the HOA and Condo regarding the policies around such a situation. If there are no policies then you have the right to take action against them on legal grounds. If they have policies but they do not comply with the state laws then you can take legal action too! Many poor HOA and Mixed Use Management (Texas) companies do not take care of these issues. But you must try to stay within the rules because they might help you legally.