Towing Issues for Condominium & Homeowner Asso
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Last updated: Wednesday, December 26, 2007

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Having your vehicle towed can be a traumatizing experience.

Most condominium and homeowner associations utilize minimum parking. There’s always a time when someone in the community abuses parking privileges by parking in a prohibited zone or abandoning a vehicle for long periods of time. If the governing documents do not provide for the right to tow vehicles for illegal parking, then the rules and regulations (r&r’s) should suffice.

Step by step method to ensure r&r’s are added correctly:

  • Post an agenda with the date, time and place of a Board of Directors Meeting.
  • Make sure the agenda item states, “Board reserves the right to tow.”
  • Vote to approve or disapprove towing.
  • If approved by the Board, add the language to the governing Rule & Regulations.
  • Send all record owners a copy of the new Rules & Regulations.
  • An Affidavit confirming mailing is recommended.

After the “right to tow” is added to the r&r’s, it’s time to find a good local tow company.  The tow company should be exclusive and made available twenty four (24) hours a day. Ask for a free tow sign. Tow companies make money from towing vehicles from your community. Most south west Florida tow companies charge $180.00 to $220.00 per vehicle, depending if they use a flat bed truck or not. The sign is to be place in all entrances of the community. Any other tow sign placements would be additional. Your tow sigh should read, “Unauthorized vehicle will be towed at vehicle owner’s expense”, the bottom part of the tow sign should state the company’s name, street address with a operational phone number. Also Florida Statute 715.07 should be located of the sign.

Having a vehicle towed is very devastating to the unit owner and careful consideration should be considered before having a vehicle towed. We recommend a manager’s business card lightly tapped on the vehicle’s window. The notice should simply ask for the removal of the vehicle. To avoid more trouble than it’s worth, do not put heavy stickers on vehicles, this aggravates the owner unnecessarily. If the time comes where the violating vehicle must be remove, make sure a picture is taken of the vehicle before being towed. By doing this will alleviate any denial from the disgruntled vehicle owner of where the vehicle was taken from. Most tow companies have a digital camera ready for use.

For related posts see, “Condominium & Homeowner Associations Restricting Renters Rights” and “Responsibilities of Association Directors & Officers” and lastly but not directly related “Annual Proposed Budgets Almost to a Close”. If you are the select few who donate their time to serve on a board of your Association and/or a Florida Homeowner, you do not want to miss any new posts. Please subscribe to our community or our complimentary email services.
1. 715.07 f.s.Score: 98.78%  Abstract: 3. A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel. 8. Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing …
2. 713.78 f.s.Score: 97.46%  Abstract: Upon receipt of the full description of the vehicle or vessel, the department shall search its files to determine the owner’s name, the insurance company insuring the vehicle or vessel, and whether any person has filed a lien upon the vehicle or vessel as provided in s. (10) Persons who provide services pursuant to this section shall permit vehicle or vessel owners or their agents, which agency is evidenced by an original writing acknowledged by the owner before a notary public or other …
3. 316.261 f.s.Score: 92.03%  Abstract: If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes. (a) Every towing vehicle, when used to tow another vehicle equipped with air-controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. –Every motor vehicle, trailer, semitrailer and pole trailer, and …
4. 713.785 f.s.Score: 91.15%  Abstract: (a) “Mobile home transport company” means a person regularly engaged in the business of transporting mobile homes. (b) “Store” means a mobile home transport company has legal possession of a mobile home either on the mobile home transport company’s property or on any other property. 28.24, the clerk of the court shall issue a certificate notifying the mobile home transport company of the posting of the bond and directing the mobile home transport company to release the mobile home.
5. 322.34 f.s.Score: 91.15%  Abstract: (c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail, return receipt requested, to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must …
6. 323.002 f.s.Score: 90.17%  Abstract: (a) “Authorized wrecker operator” means any wrecker operator who has been designated as part of the wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked or disabled vehicle. (b) “Unauthorized wrecker operator” means any wrecker operator who has not been designated as part of the wrecker operator system established by the governmental unit having jurisdiction over the scene of a wrecked or disabled vehicle. (c) “Wrecker operator system” …
7. 321.051 f.s.Score: 86.58%  Abstract: (a) “Authorized wrecker operator” means any wrecker operator who has been designated by the Division of Florida Highway Patrol as part of the wrecker operator system. (b) “Unauthorized wrecker operator” means any wrecker operator who has not been designated by the division as part of the wrecker operator system. The division is authorized to limit the number of wrecker operators participating in the wrecker operator system, which authority shall not affect wrecker operators currently …
8. 316.530 f.s.Score: 85.11%  Abstract: (1) When one vehicle is towing another vehicle the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and said drawbar or other connection shall not exceed 15 feet from one vehicle to the other except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered. These safety chains, cables, or other safety devices shall be of sufficient strength to maintain …
9. 323.001 f.s.Score: 85.1%  Abstract: 323.001 Wrecker operator storage facilities; vehicle holds. (1) An investigating agency may place a hold on a motor vehicle stored within a wrecker operator’s storage facility for a period not to exceed 5 days, excluding holidays and weekends, unless extended in writing. (b) If the investigating agency chooses to have the vehicle remain at the wrecker operator’s storage facility beyond 5 days, excluding holidays and weekends, pursuant to the written notification, the investigating agency …
10. 316.0895 f.s.Score: 85.1%  Abstract: (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway. (2) It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a business or residence district, to follow within 300 feet of another motor truck, motor truck …

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