Expert: Jonathan Dever, Esq - 3/8/2009

Question
I asked to be put on the agenda for my HOA condo board meeting to appeal the decision to not reimburse me for a tow that was created by them not enforcing their visitors  parking rules.   Management allowed residents to park there so it was full. My guest parked in my little driveway, parellel to the door, his back tire hung out 1 ft over in to the red line. He was towed. I contend because Management did not enforce all the rules, and residents parked in guest parking my friends car should not have been towed.

Management even made the comment they should have given him a warning the first time. Management created a situation forcing people to park elsewhere The closes open parking spaces were ¼ mile away. If they enforce 1 rule, they must enforce them all. I think management denied my request for reimbursement, never went to the board. I appealed after i found there was no contract with tow co.  The CC& R rules says “ tow company is called from mngmt.” so the tow co was head hunting?

I asked to be put on as an agenda item for the board meeting. later i was told by land mgmt co. “they respond to those letters in private session.  Should it be an open item? I was never informed if my request for an agenda item was approved or disapproved.

Can a board enforce only part of the CC&R?

Can a Board take items that are requested for the Agenda and have a closed session on them?

I contend that the Management Co. was getting a kick back from the Tow Co.  If so can they do that?

I was told by the Management Company there was a contract with the Tow Co.  Then I was told there was no contract


Thank you Jonathan

Answer
Your questions are impossible to answer without a full picture of what is going on.  I neither have the HOA documentation nor their bylaws, process and procedures.  Best thing to do is seek local counsel or if you like, you can send me a message via www.deverlaw.com and I can review the fact patterns and the HOA documents for you.