Towing cars

Mr. Linux,

Maybe I am on the wrong track or I am putting a domino affect into play, so please bear with me.

The towing company with enforce fire lanes (which I completely agree with), however said company will also enforce parking in the side walks which will cause the following domino affect:

1) Additional signs for legal notifications in the affected areas, right?

2) What are the guidelines for towing cars from the driveways is it 1% or 99%, as I read the county guidelines they are rather restrictive.

3) Since the towing company wouldn't even patrol our street, due to the lack of fire lane, in affect we are already excluded, I am wondering would the HOA now give them authority remove cars from driveways on our street if they block the sidewalk? And if so #2) really needs to be clear.


I am hoping a board member can set the expectations of the sidewalk towing guidelines.

We tend to have parties, we can get 8+ cars in our driveway, but if a guest happens to over hang onto the sidewalk by 1-2' does this mean they will be towed?

 

You have a point, but the guidelines have yet to be determined as it relates to the sidewalk, right?

I think it bodes the next question:
...if the towing company tows from a driveway (after it has met the determined HOA guidelines) they are towing from the rear, right?

A front wheel drive car parked with the wheels locked, needs to be put into neutral for the wheels to roll, so the towing company either has to go on to absolute private property (the driveway) to jimmy the door open to put the car in neutral or they run the risk of transmission damage.

Its a pretty known fact that if you let a towed vehicles drive wheels stay on the ground, you risk severe transmission damage - so who would be liable for this damage?

I have a concern that the HOA will open itself up to even more liability or has the attorney determined that the vehicle's owner is responsible for any damage their car may endure during towing?

 

Towing company is responsible for any damage during towing.

 

The HOA does not own the sidewalk. On private streets, such as yours, the lot owner owns the sidewalk. There is a maintenance easement granted to the HOA requiring the HOA to maintain them. There is also a public use easement granted to the county, which gives the county authority to enforce easement violations (trees, fences, etc).
Our Declaration states that the HOA is not responsible for snow clearing on road easements (sidewalks) that have public use easements with the county.

 

Mr. Linux - I went off line via email to you and other board members about this topic, I didn't want to belabor this issue about our street on the community forum, I hope that's ok. Please check your email, when you get a chance it will answer your questions.

Respectfully,

Gladys Kravitz

 

Frankly, I'd like to know the answers to Mr. Linux's question as well. As this effects everyone, you all just can't sign a waiver and opt of out an HOA rule... that's ridiculous if that is indeed whats going on here.

 

Re: Towing cars Query

How many of the board members live on streets that will be impacted?

 

I live on a LCounty maintained street. That means I am already subject to towing enforcement by the County.

 

that is NOT what is going on here...I had questions as it relates to our street and decided to go off line.

There is nothing to say nor have any BoD members respond in kind that the HOA would authorize or even consider our street's request. Nothing odious, sorry if you think my decision to go off line with members of the HOA board is deceptive, I thought I would save the other users the agony of reading my comments going back and forth on the forums.

 

Re: Towing cars Query

3 are effected - Jason, Brian, and Eric
4 are not by this policy- Cliff, David, Dawne and me however we are subject to the towing for sidewalks by the county. County does not enforce its rules on private streets. This enforcement just brings our HOA private streets into compliance with the rest of the County.

Staci

 

Does anyone have know how often the county enforced these rules by towing cars?

 

I am very much in favor of enforcing the LoCo parking rules already on the book for our HOA owned streets. Specifically, this rule: "(2) In front of or in any such manner which obstructs access to or from a public or
private driveway;" as that is the largest problem on our street. I'm happy to bring my comments to the HOA meeting

 

I am disappointed that new signs do not inform people of what parking mistakes would result in towing. Does everyone get a newsletter? I am wondering about people who bought their house from someone who was not even the original owner. (We are original owners.)

We do not park illegally. However, I anticipate that legal spots will be a premium on Frame Square and other streets in the old Ryland Townhouse section. We will be parking on Demott or the pool parking. I grew up in New York City. Hence, inconvenient parking is not new. The situation will be better than in New York.


I wonder what would happen if only the people who are impacted by this voted on it.

 

Every home gets a newsletter - that does not mean it is read
Every person when they buy their home have the right to a full set of documents - most of the time it is required that the seller purchase them for the new owner (the only time that is not the case is in a foreclosure and then the new owner has the right to purchase them)

It would not be fesable for only the impacted members to vote since an abstention is considered a no vote you can not pass anything with only 3 votes - that said the members most impacted are at this time for the ruling. This is not a new rule or policy this is just the enforcement of the policy that has been in place for years. It is not legal in any part of the county to park in the fire lane or obstructing traffic - the difference for the HOA owned streets is it is up to the HOA to enforce.

Staci

 

You know, it really isn't hard to find out. If you don't read the Forums, and don't read the Newsletter, all you have to do is pick up the phone and call the HOA, or call Battlefield Towing. I think their number is on the signs.

The specifics of what infractions will result in towing will be finalized (hopefully) at the Board meeting on Tuesday (assuming it isn't snowed out!)