Legal Question in Civil Litigation in Florida

HOA Contracts with towing companies and compliance with FL state statute 715.07.

My HOA has contracted a towing company to tow any vehicles in my neighborhood that are not parked in an owners driveway. On the particular day in question, I had to park on the street to run in my house and have my family rearrange the cars so I could park in my driveway. In the 3 minutes I was inside, a tow truck had my car in tow. I managed to stop the truck by jumping in front of it since he didn't want to stop (which, I believe, violates 715.07 paragraph 2.3 ?). The followup question to that is according to 715.07 paragraph 2.5a, there needs to be ''Tow Away Zone'' signs at each entrance (which there is) but in addition, if there aren't any curbs or ''no access barriers'', there needs to be a ''Tow Away Zone'' sign no less than 25ft for the property enforced, which is the whole neighborhood, and my neighborhood has neither curbs or barriers nor any of those signs. So, if the contract states that the towing company is in compliance with the statutes, but they aren't, is the contract binding? Can I get my drop fee back ($50) from the HOA or towing company? Can I do anything to the towing company due to their evasion when trying o get them to stop with my car?


Asked on 2/20/02, 9:11 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: HOA Contracts with towing companies and compliance with FL state statute 715

You are better off dealing with your HOA than with the tow truck company. I wouldn't waste time trying to reason with a tow truck company over $50.00. Deal with the HOA with a view toward preventiing this sort of thing from happening again iin the future. Good luck.

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Answered on 2/20/02, 1:04 pm


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