VirgoProdigy

New Member
Jurisdiction
Texas
Good Afternoon,

My car that is registered in my apartment complex caught fire and is broken down in my reserved parking space. On Monday, I went and got a new car to replace that car, we all know that car dealerships takes hours. We did not finish until late and I did not get home till after 8pm. I parked my brand new car in an unreserved parking space in my complex, like I have done for the last three weeks with different rentals since my car stopped working. My friend asked to go get something to eat around 2am and i said he could use the car. After my friend walked the entire complex he said that my car was not there. I did not believe him and walked to where I knew I just parked this car and he was right the car was not in the spot I left it in. I panicked and thought my brand new car was stolen but calmed and realized it may have been towed cause I did just hear a tow truck coming through the neighborhood a few hours earlier. I called the wrecker service that the complex said would tow car and asked why was a I towed. He confirmed that he had the car and I was told becuase the parking policy states "No unpermitted car is allowed to park behind the gate in the complex" I told him I have never seen that policy before. My apartments sends the parking policy out to everyone every 3 weeks. I read it everytime to see if there has been any updates. Its been the same policy since September. I told him that is not in the policy that the complex sends to the residents. He said it was and hung up. I immediately go to my email and check to see if I was wrong and I wasnt. The policy he stated that authorized him to tow my car was not a policy in the policy that has been sent. I was heated and very upset. Fast forward to this morning I go to the leasing office to speak with the managers and tell them that I was told my brand new car I brought in last night was imporperly towed by the contracted wrecker service. The assistant property manager stated that the policy while it does not expilicity state that in the policy that they send to us, the residents. They have the power to do that. I was confused, the complex sends a policy out for residents to follow then makes up new rules on the fly. She said the complex had the right to do that and it was now my responsiblity to get my car out of storage. I explained that it was my intentions to get all of the paperwork updated on my new car and old car in the complex, the next business day cause they were closed when I arrived back to the complex. SHe said I should of gotten a visitor past, which in hindsight makes sense, but since I am not a visitor I am a resident of the complex I did not think to get a visitor pass and I did not know the process of getting a visitor pass after hours until after I spoke with the manager this morning. Of course she was rude and condscending and down right nasty when I was trying to wrap my head around what was going on but still I am confused to this moment, how can the complex send out a policy for the residents to follow on parking and towing then add a new clause not written for the residents to not know.

Just want to know was what the aparment complex did with this tow proper and legal or do I have some type of legal recourse for this very expensive issue that has happened.

Attached is the policy that the apartment has sent to residents since September 2022.
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The complex highlighted the policy "Do not park in RESERVED PARKING if you do not have a reserved parking permit and are not assigned to the said reseved space number" as the reason I was towed. I was not parked in a reserved spot. I was parked in an unreserved spot but that still does not match the reason I was told that I was towed by the complex.
 

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Did you get your car back?

If you haven't gotten your car back, pay the tow charge and get it back fast or you'll end up with the charges escalating until they cost more than your car is worth.

Once you get your car back you can work on getting your money out of your apartment management. Not the towing company. The towing company worked as agent for the apartment management so you are likely going to have to sue the apartment complex owners as it is already apparent that you aren't going to get any money out of the apartment management.
 
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