• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My HOA illegally towed my vehicle from my own carport!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Double-U

Junior Member
What is the name of your state (only U.S. law)? Colorado

On July 27, 2010 my HOA's management company contracted someone to post notices of some upcoming work and that everyone needed to have their vehicles off the property or that any remaining vehicles would be towed. However, I never got that notice nor did I see one posted anywhere either. The person who actually did the posting told me he taped them to everyone's front door. First of all, I mean TAPE?! To an outside door?!!! (WTF?!!!) Now, add insult to injury - I was out of town when he supposedly did this so any kind of notice that was taped to my front door could quite easily have been blown away or someone could have even taken it - CAUSE IT WAS SCOTCH TAPED TO MY FRONT DOOR WITH ONE SMALL PIECE OF TAPE! I only have my neighbor's testimony on this but I do tend to believe it. The problem seems to be that no one bothered to mail out notices despite there supposedly being funds to do this. But beyond that, no one bothered to call either. I mean how "free" is a phone call for crying out loud?!

So fast forward to the day the HOA/management company started work. Bright and early they had all vehicles towed away. I come out about 2 hours later and notice that all vehicles were gone including mine! I eventually called the management company who then told me they had my vehicle towed from my own exclusive-use carport because they were going to sweep and re-stripe all the spaces. However, even at this time no one had done any work! Nevertheless, I had to take the entire day off to go retrieve my vehicle which was taken more than 30-miles away. More that $200 later and I was back to where I started. But all this had cost me a job and that's to say nothing of the time and travel expense I had to endure. I had to go get something that never should have been taken - BECAUSE NO ONE EVER NOTIFIED ME! AND THEY NEVER BOTHERED TO CALL EVEN KNOWING IT WAS MY PROPERTY TOO!

I really want to sue and I think I have a good case. The problem is that the few lawyers who specialize in this sort of thing have pretty much told me that I should just move on. In other words, I've been told to just grab my ankles and don't make waves. I mean, what a bunch of mutts!!! I need a lawyer who is willing to significantly hurt these SOB's who think they own me - not some BS advice to just take it. Any suggestions?

Oh! And by the way, our local celebrity "Consumer Advocate" doesn't seem to care a bit about my case even though he's always preaching about how evil HOA's are. Frankly, I'm sick of all the talk. I want action!!!
:mad:What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Colorado

On July 27, 2010 my HOA's management company contracted someone to post notices of some upcoming work and that everyone needed to have their vehicles off the property or that any remaining vehicles would be towed. However, I never got that notice nor did I see one posted anywhere either. The person who actually did the posting told me he taped them to everyone's front door. First of all, I mean TAPE?! To an outside door?!!! (WTF?!!!) Now, add insult to injury - I was out of town when he supposedly did this so any kind of notice that was taped to my front door could quite easily have been blown away or someone could have even taken it - CAUSE IT WAS SCOTCH TAPED TO MY FRONT DOOR WITH ONE SMALL PIECE OF TAPE! I only have my neighbor's testimony on this but I do tend to believe it. The problem seems to be that no one bothered to mail out notices despite there supposedly being funds to do this. But beyond that, no one bothered to call either. I mean how "free" is a phone call for crying out loud?!

So fast forward to the day the HOA/management company started work. Bright and early they had all vehicles towed away. I come out about 2 hours later and notice that all vehicles were gone including mine! I eventually called the management company who then told me they had my vehicle towed from my own exclusive-use carport because they were going to sweep and re-stripe all the spaces. However, even at this time no one had done any work! Nevertheless, I had to take the entire day off to go retrieve my vehicle which was taken more than 30-miles away. More that $200 later and I was back to where I started. But all this had cost me a job and that's to say nothing of the time and travel expense I had to endure. I had to go get something that never should have been taken - BECAUSE NO ONE EVER NOTIFIED ME! AND THEY NEVER BOTHERED TO CALL EVEN KNOWING IT WAS MY PROPERTY TOO!

I really want to sue and I think I have a good case. The problem is that the few lawyers who specialize in this sort of thing have pretty much told me that I should just move on. In other words, I've been told to just grab my ankles and don't make waves. I mean, what a bunch of mutts!!! I need a lawyer who is willing to significantly hurt these SOB's who think they own me - not some BS advice to just take it. Any suggestions?

Oh! And by the way, our local celebrity "Consumer Advocate" doesn't seem to care a bit about my case even though he's always preaching about how evil HOA's are. Frankly, I'm sick of all the talk. I want action!!!
:mad:What is the name of your state (only U.S. law)?

Listen to the attorneys...
 

Double-U

Junior Member
What do the HOA's organizing documents say about notification procedure for such events? Did they follow it?

There are no provisions about notices in general. However, there are provisions stating that when certain meetings are to be held that notices must be mailed and the time frame in which they should be done too. So I would think that would set a precedent with regard to notices where a resident/owner might have their vehicle towed (or other personal property removed).

In the absence of any provisions regarding notices, it was my understanding that there are certain Colorado laws that will take over and require that any notices be "securely" delivered. Or am I wrong? (A lawyer would probably know this).

Once again, the only notice that supposedly was delivered was taped to my front door - insecurely - and again supposedly posted on a bulletin board above all the residents mail boxes (5-feet high at minimum which are almost certainly against any ADA requirements too). That's it! Since I was gone for several days when these notices were delivered/posted it's very likely that they were removed by weather or other persons by the time I was able to get home. Point is, no notice was securely delivered to anyone (including me) which in turn caused me to be unaware of the work scheduled that subsequently caused my vehicle to be towed. In fact, about ten-percent of the other resident also had their vehicles towed!

Sound like a class action case to anyone?!

The problem I am having is that I can't seem to convey these facts to a competent or interested lawyer specializing in Condo/HOA matters. Who in Denver or the front range even, can or is willing to help?!
 

FarmerJ

Senior Member
At best if you do any thing small claims court is the best place, and even at that its a crap shoot if the courts would agree , sue only for the towing fees & filing fees , and make your complaint based on the rules you did find for notices and argue that those rules should also include maint issues to parking areas. BUT know this even if they had mailed a notice and you were out of town you still would not have been aware and the towing would have still happened. If you dont do anything else make dual notification a requirement for maint by pushing for it to be voted on notice via certificate of mailing ( cheapest mailed method that gives sender a rect and phone call)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top