HOA Board need assistance with towing case

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KristiO

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I am the president of my townhome HOA and we are being taken to small claims court for towing two cars that were violating our parking rules. According to our rules vehicles must be moved every 7 days. We had an instance where a particular resident was not using their garage and was parking at least three cars in the community spots without moving them. We posted reminders to the rules on our community board and finally after complaints from other residents did put warnings on two cars in question about eventual towing if they were not moved. All our HOA asks is that the cars not remain in the spots without moving because we cannot determine if the car is inoperable or stolen or abandoned. We also do not have enough extra spaces for people who are not utilizing their garages for their cars. According to the posted rules, a 24 hour warning will be given prior to towing thus giving anyone who might be in question the opportunity to move their car. When we have issues the lot is monitored for non-compliance, after a 7 day monitoring a warning can be put on the cars. After that time a towing warning was placed on the cars windshields and photos were taken. Almost 3 days after the warning (was hoping they would move without having to tow) the cars had still not moved and the tow company was dispatched. It was not until two days after the towing that I received a note in the HOA email account about how it was illegal for us to tow them and that they were going to get me thrown off the Board. They felt they should have had a personal visit instead of the warning. Due to not wanting to put my Board in danger we do not make personal visits. Soon after the towing all of the notices were removed from the community board (where only the HOA has permission to post). This will be the second time to go to small claims on this issue. For the first time they did not do due process and serve the papers correctly. On the advice of our property management company they said to make them do due process. So, I have a few questions: 1) is there a statute of limitations on when they can refile and do due process? Our original date was June 14, 2) they filed in August, but we were only notified yesterday of a November court date, is this okay? 3) at the first court date they had our postings from the community board in their packet of materials, any repercussions? 4) they filed in a different county than which we reside, our property management company is in the same county but it is the HOA they are taking to court, 5) If the case is with the HOA should it be named on the papers? 6) what is the best materials for me to take to court with me as a defense, and 7) they no longer live on the property and were difficult residents from the get go (late HOA dues, many other parking violations, etc) anything more I can do. Any help is appreciated.
 
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