- July 11, 2024
- Posted by: legaleseblogger
- Category: Related News
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Overnight Towel of Work Van in Florida: A Legal Conundrum
I am based in Tamarac, Florida, and a peculiar situation has unfolded. My husband’s work van, a Ford Transit, was towed overnight. However, it wasn’t just an ordinary tow – it was allegedly committed by our very own HOA (Homeowners Association) president, who happens to reside across the street from us.
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****** just grabbed a
Why was the van towed? I’ve been previously cited by the town I live in for 1. Not having a plate on the vehicle, and 2. Obstruction for mail carriers, garbage trucks, etc.
Is the property a house, apartment? I ask these things because a valid reason for the tow can supersede HB1203.
I’m confused whether the 4 spots are in your driveway or a reserved spots in an HOA community parking lot. Based on the post above a community parking lot might not be protected.
Either way I’d consider strongly the potential legal and financial ramifications of continuing to live in this HOA if they towed the vehicle from your assigned spot without at least sending a letter warning of that outcome.
Even if you intend that someone else pay for it, it is your responsibility to minimize costs. You have to get the van out of impound ASAP.
Assuming that you live in Florida, it looks like you are correct, under Sec. 9(3)(b) it looks like the HOA is not allowed to tow a work vehicle from anywhere that you are legally allow to park it.
This is definitely something you should speak with the HOA president about. If the president does not agree, and continues to tow your vehicle you will have to go to court. You might also want to bring this law to the towing company to let them know that they are allowing the HOA to break the law, they might not care, but maybe its one of those “good” towing companies that only exist in our imaginations.
Keep notes of everything. Depending on how far the HOA takes this you might need a real attorney instead of going to small claims.
Have the company get it out of impound right away. Either have the company sue your HOA for the tow and impound fees or reimburse the company and sue them yourselves.
Where was the work van parked?
>Since it was a work van, we have not been able to get it out of the pound because it is owned by a company and we need all sorts of legal paperwork and it is becoming more expensive by the day.
If you end up talking to a lawyer, bring this up as well. Shady tow companies come up with bullshit reasons to increase fees.
As of July 1st, state laws regarding HOAs changed in Florida. HOAs can no longer enforce bylaws regarding parking work trucks at a place of residence. Please look up the new laws and roast those HOA POSs.
Not anymore. Bill was just signed into law.
You may actually have a case:
(b) A property owner or a tenant, a guest, or an invitee
of the property owner from parking his or her personal vehicle,
including a pickup truck, in the property owner’s driveway, or in any other area at which the property owner or the property owner’s tenant, guest, or invitee has a right to park as governed by state, county, and municipal regulations. The homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit, regardless of any official insignia or visible designation, a property owner or a tenant, a guest, or an invitee of the property owner from parking his or her work vehicle, which is not a commercial motor vehicle as defined in s. 320.01(25), in the property owner’s driveway.
320.01(25)
Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight. A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported.
Also if they towed out of your driveway and you know your domicile is a certified private address then they may have trespassed on your property. I work security for a HOA and Ive had to tow vehicles before and one of the big NOs was removing a vehicle out of the driveway because according to the tow company we use, “driveway is private property, we cant enter private property unless the property owner gives permission”. Therefore our HOA bills something like a 100 fee every night a commercial vehicle is there, at least uncovered.
there is supposed to be a new law that took effect a few weeks ago in florida that you can park trucks and work vehicles overnight
the karens will soon be flipping out
If it was in your DRIVEWAY, then yes, it’s a clear violation of HB1203. If it was in an assigned parking space in a shared parking area, that doesn’t look to be protected for work trucks, but would be for a personally owned pickup.
Is there an HOA management company? If there’s a property management company that handles things, reaching out and going “hey, I was towed from my driveway, what happened?” may be an easier way to handle it – but if English is not your first language, you may still benefit from involving a lawyer.
As a side note – I’d expect that whatever resolution happens, you should be reimbursed for all costs incurred (towing/storage fees, lost days from work, Uber/taxi to the tow yard) as well as a reasonable amount for the stress and loss of time while handling this. A smart manager would probably try to start with a “what did it cost” and want to write a check for that.
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I was on an HOA board because only 6 people showed up to the annual meeting. We were given positions by default.
We had the commercial vehicle clause. We requested a definition of a commercial vehicle from our lawyer. His response was if it had commercial tags it was a commercial vehicle. The complaint that started the investigation was on a personal vehicle that allowed a company to wrap her car in their marketing material.
My response was that we were not going to be able to enforce this rule fairly and we would end up getting sued for discrimination somehow. If the remainder of the board insisted on enforcement, I would have to resign on ethical issues. They agreed with me and we sent notifications of the decision to all the HOA members.
Even if parking the van was prohibited by the terms of your HOA covenant, towing it without notice is a very unusual and excessive remedy. It’s far more typical to simply levy fines, at least to start.
And EVEN IF the HOA rules allow for towing without notice, there’s the separate question of whether such rules are legally enforceable in your state.
Check your bylaws, and your state laws.
If you live in a gated community the new law doesn’t apply
Only lawyer certified in florida can answer this from legal stand point but i would think it depends on the rules and contract of the HOA. If its parked where it is not allowed they could if you ignore the warnings.
For all those citing the new FL law, please be careful about suggesting that impacts this situation.
From [Tampa ABC affiliate piece on the new law](https://www.abcactionnews.com/news/local-news/i-team-investigates/new-florida-law-prohibiting-hoas-from-passing-parking-restrictions-could-affect-millions#:~:text=A%20new%20state%20law%20going,trucks%20from%20parking%20in%20driveways.):
“’It’s very questionable whether you could apply this retroactive’
‘We’ve had a number of calls with this,’ said attorney Jonathan Ellis, who specializes in HOA law.
Ellis says the wording of the new law is vague, and it’s not clear whether it applies to existing HOA rules.
‘The general consensus from the lawyers that I’ve spoken to is it’s very questionable whether you could actually apply this retroactive,’ Ellis said. ‘And even if they did want to make it apply retroactive, it’s a question of whether the Florida constitution would allow it to apply retroactive.’
‘Over the next few years, this is gonna make its way through the trial courts. It’s not clear if every judge is going to rule the same way on this,’ Ellis said.
In civil court, the losing party often has to pay both parties’ legal fees.
‘This now raises the stakes, both for the association and for the unit owner, on whether they want to challenge it and on what level they want to challenge it,’ Ellis said.
Ellis expects how the law will be applied will be decided by an appeals court or the state supreme court.
He says lawmakers may have to revise the statute altogether to make it clearer.”
You have to check the community covenants that you agreed to when you moved in. It will be laid out in the docs and there should be a process before the towing occurs. So many times the F’ing HOA ppl get on power trips and you have to fight back like you’re doing. I’d make the President as uncomfortable as possible by parking my regular vehicle in front of his house everyday from the times allowed by the documents.
Also, you are allowed by law to do a records request with the property management company (guessing your neighborhood has one?) and they will make the communication between the board and the PM company). This will give you some insight into who did what, when, etc. HOA boards hate that process. Good luck! Giv’em hell!
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What was the reason for the tow?
It’s not uncommon for HOA’s to prohibit commercial vehicles. The signage would make this one a commercial vehicle. Large trucks are sometimes banned, as well. Surely you’ve checked your HOA docs, no?
Unless they changed it, Coral Springs, FL does not permit such vehicles.
Depends; HB1203 only applies to public roads; but many HOAs In florida are private roads so HB1203 wouldn’t apply(HOA Treasurer in Florida)