Parking in a gated community
This is a discussion on Parking in a gated community within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I live in a gated community in CA. My question is can a car, parked on the street, be towed ...
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|Feb 7th, 2008, 04:55 AM||#1|
Parking in a gated community
I live in a gated community in CA. My question is can a car, parked on the street, be towed without any warning given to the owner?
I ask this because my son's friend's car was towed due to the fact that it was parked in the street. The HOA sent out a letter back in Nov. or Dec. 07 stating that vehicles would be towed if parked in the street without any further notice if they did not have a guest pass on the dash. (My son forgot to give his friend the guest pass to place in the car)
There is a sign posted on either entrance stating unlawful cars will be towed.
I remember the HOA manager telling us, prior to the notice, that a car had to be given a warning by way of a citation or paper on car stating the car was parked illegally. Then the owner had 96 hours to move the car. If at that point the car had not been moved, it would be towed.
Tonight, at around midnight, I awoke to find my son's friend's car hooked up to a tow truck (the car is in working condition). We were not given any notice. No citation or sign was on the car.
I have referred to CA DMV 22658. (a). Subsection (2) states: 2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.
When I asked the security guard they said we did not have to be given notice.
I know all of this would have be avoided if the guest pass would have been in place, but it was not, but don't we have the right to be cited and then given the chance to move the car before being towed?
Does the HOA have the right to do this? I know living in a gated community we need to abide by rules, but don't we have any rights regarding this topic? Please help!!
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