Homeowner v. HOA Parking Enforcement

[todd@bsaw]

VWvortex Forums: So my Audi got booted, and this is what I'm going to do about it....discuss

With the number of members on here from the Vortex I'm surprised this hasn't been posted yet.

Short Story from almost 30 pages
Homeowner lives in a gated community with a Home Owners Association
Within the last year, HOA implements a bylaw that all homeowners much display a parking permit on their vehicle to park on their property and hires a 3rd company (Arizona Parking Solutions) to enforce.
After obliging for 3 months, homeowner accidentally neglects to display his parking permit, on a vehicle that has properly displayed the permit every day for the last 3 months in the exact same spot, and gets his Audi booted.
Homeowner calls APS stating it was a mistake; APS demands $140 to remove the boot.

Since his modified Audi is has a risk of theft and damage while being disabled on the street (and to retaliate the parking enforcement), the homeowner places his vehicle on dollies and rolls it into his garage. He uses his other vehicle for transportation and decides to do some work on his Audi while it is disabled.
The homeowner calls APS and tells them they can come to his house and take their boot if they'd like. He makes no attempt to pay the fine or hold their property.
The local sheriff gets involved and says that nothing he has done is illegal.

After meetings with his HOA board about the situation and some gruff from APS, the homeowner is prepared to take it to court and notify the media. APS goes overboard in frustration and boots many vehicles in the neighborhood regardless of their enforcement contract.

The story is continuing. Just thought you guys might get a kick out of this. If you do not feel like reading the entire thread (it will kill a day at work) let me know and I will try to answer questions. There was a summary posted on one page but I can't find it.

[TigerMike]

With over 700 homes in the HOA, they all need to band together to sue not only the HOA, but also the stupid parking company. That is the most insane rule I've ever heard, clearly aimed at putting money in the pockets of the HOA officers. I live in a HOA neighborhood, and if that ever came to pass, I'd never pay to park my car at my own property from day one.

[weekendwarrior]

I live in an HOA neighborhood, and my house is for sale...I will never live in one again. It is waaaaay too political. I would be pi$$ed if someone booted my car in my own driveway. Wonder if he can sue the company that booted him for trespassing?

[PrinzII]

Reading these threads makes me loathe HOAs.

[todd@bsaw]

IIRC, the owner's vehicle was booted on the street in front of his own home.

The tricky part comes when the APS company came to pick up their boot. They were beyond angry with the homeowner for moving his vehicle and with the whole situation. He refused to sign a "refusal to pay" contract, made no effort to pay them the 'fine', and also made no effort to withhold their boot from them. He did not damage the property in any way. He simply told them, "If you want to pick up your property, come and get it."

I can just picture the face of the security company...
"Here, you can have your boot."
"That will be $140 to take it off."
"I'm not paying you, but you can take your boot if you'd like."

[Mindflux]

Originally Posted by todd@bsaw

"I'm not paying you, but you can take your boot if you'd like."

He worded himself very carefully. He never refused to pay he just said 'naa.' a bunch.

Later in the thread he says he'll pay if he has to.

[White_07_G6_GT]

Thats such a cash grab!

I live in an HOA neighborhood and at first it was really strange I was the youngest owner by about about 10 years so they gave me a book of rules when I moved in and said that they would be keeping an eye on me. When I didn't want to use the HOA lawn service or snow removal company I started to get false complaints about my dog barking or me letting him off leash at the park. Total BS the park is a town park and its legal to have him off leash and he never barks.

Drives me nuts some times but I love living in a neighborhood where everything is kept up to a standard there isn't that one house that lets the street down.

[Frito Bandito]

HOAs are evil. I'll never live in an HOA neighborhood.

[todd@bsaw]

There was an update from the original poster and he showed this pictures of the recent terrorizing of the parking 'nazis'.




The first truck was a private contractor working in the complex that parked on the white line.
The other two cars were parked in 'Guest' parking where no parking pass is needed to be displayed. He is going to contact the media today.

[simracer]

I can pretty well guarantee that it won't do any good for the homeowners to try to sue the HOA. From what I've read, a bylaw was passed to create the enforcement in the first place. That would be like the homeowners trying to sue themselves (in essence). Now if they wanted to create another bylaw to nullify the current one, that's a different matter. But it would take a certain percentage of homeowners to do that. But consider that it probably took a certain percentage of homeowners to approve the new parking bylaw in the first place.

Also, if your dog is loose in an HOA owned park, it doesn't matter what the local municipality laws are, the HOA bylaws are over and above them. But if you're in a city created park then the HOA coventants certainly do not apply.

But I understand homeowners calling in false complaints on their neighbors. Happens pretty often.

Also, the HOA board probably did not pass the rule to line their own pockets. Most often, at least around here, HOA officers are not often paid much (if anything). Many are volunteers who serve a set term. If the HOA gets any money from the parking company, it probably goes directly into the neighborhood account (out of which neighborhood improvements, construction, utilities and maintenance are paid).

I'm not saying what the company did was right in the first place (and I would disagree with the arbitrary enforcement that seems to have come later). If the HOA board was smart, they would enact some sort of 3 strikes and you're out policy if the neighborhood was patrolled daily or at least a single warning if the neighborhood is patrolled weekly. I would certainly think it reasonable to give homeowners at least a week to display a permit assuming they might be on vacation or something of that nature.

[NCZ13]

i lived in a HOA neighborhood while my house was being rebuilt after a garage fire last year.

i had the misfortune of living directly across one of the HOA board members. and he came out one afternoon while i was washing my car and asked me to cut back on the car washing... i wash my car once a week.

needless to say i kept washing my car every week, and made it a point to not put it in neutral when i pulled into my driveway. just to let him know i got home safely with the sweet 4 banger melody that came from my exhaust setup =)

[bigfish528]

I would use a plasma cutter to get it off who cares what anybody says
remember all the laws are made by crooked congress people who themselves break the law every second they're awake.