Legal Question in Civil Litigation in Florida
Homeowners towing policy
Recently our board members hired a guy that use to work for a towing company to search out vehicles that were parked in the street or maybe the grass. Other vehicles have been towed because they were small trucks or vans but used commercially (for work) These tows were done without warning and this rule has never been enforced in 29 years. The ''snitch'' has requested from home owners different amounts of money from $85.00 to $100.00 to leave the vehicle and not have it towed. The law seems to be $50.50 if you catch them in the act. This person seems to be licensed but works undercover, unmarked car, no logo on shirt. Just wondering since the law was changed this year that tow companies can no longer roam or go fishing, if this person has a ligit business? Can he really do what the tow companies can no longer do. Also can the board members tow commercial vehicles or regular vehicles without a warning? We are hard working people just trying to make a living. Take away our vehicles and we loose our jobs. How can we go about removing our board legally? What would be a legal petition form to have people sign to get them all out??? Thanks for your help.
1 Answer from Attorneys
Re: Homeowners towing policy
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You have asked many questions with little time or space to answer all. The Association does have the right to tow cars, but it must be done in accordance with Florida law. In order to tow, there must be signs erected at each entrance warning of towing. No warnings have to be given. Cars must be towed by a licensed tow company to a yard within a set distance from the place the car was towed. All vehicles must be released to the owners if they arrive before the car has been towed and pay 1/2 of the towing fee.
To remove the Board, you must either recall them or choose a new board at the next annual election. With all these issues, the dissidents should get together and consult a qualified attorney as to your legal rights and obligations.
Scott R. Jay, Esq.
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