Who to Sue? HOA Board, Property Management Co, or Patrolling agency?

[PR660]

Jurisdiction

California

Or all of the above? Neighbors on Nextdoor.com say I need to put an end to the local towing "racket" and associated kickbacks, etc.

In the midst of the Covid lockdowns, two of my vehicles which were parked on the curb in front of the house, were towed away. Cost was about $300.00 to recover each vehicle a day later.

The CC & R states that a vehicle will be cited/ticketed as a "stored vehicle" and removed if it is in the same place for 72 hours. I have had previous dialogue with the PM company and the patrolling entity about my limited driving (due to a life-altering auto accident). As a point of reference, during the lockdowns, the city stopped enforcing the street sweeping rules for street parked vehicles.

Anyhow, after not setting foot anywhere near the cars for a few days, I opened the front door and the cars were gone. I thought they had been stolen and immediately notified the Police. I was advised to call the impound yard located in a seedy part of town and discovered they were being held there.

Who is to blame and the one to sue in all of this?
A neighbor advised suing all of them and let the judge decide. If so, how do I get a court to slate all-three filings on the same day?

Please help.

Many thanks in advance!

 

[Zigner]

Who is to blame and the one to sue in all of this?

You, and it would be unwise to sue yourself.

 

[Tax Counsel]

In the midst of the Covid lockdowns, two of my vehicles which were parked on the curb in front of the house, were towed away. Cost was about $300.00 to recover each vehicle a day later.

The CC & R states that a vehicle will be cited/ticketed as a "stored vehicle" and removed if it is in the same place for 72 hours.

If that's what the CC&R provides and your vehicles were parked in the same place for longer than 72 hours then it seems to me the HOA is on solid ground in towing them. What would your argument be that the HOA did not have the authority to do it?

If you do have a good claim to make, then who you sue depends on the details of that claim. You might sue all three to ensure you have your bases covered if you're unsure who the proper party is.

 

[adjusterjack]

Neighbors on Nextdoor.com say I need to put an end to the local towing "racket" and associated kickbacks, etc.

Neighbors on Nextdoor are good for referring handymen, not legal advice.

The CC & R states that a vehicle will be cited/ticketed as a "stored vehicle" and removed if it is in the same place for 72 hours.

Oh, so you were aware of that requirement.

I have had previous dialogue with the PM company and the patrolling entity about my limited driving

And you thought that would exempt you from the rule. Guess not.

Who is to blame

You.

Put your cars on your driveway, in your garage/carport, or back yard and keep them off the street and you'll solve the towing problem.

 

[zddoodah]

The CC & R states that a vehicle will be cited/ticketed as a "stored vehicle" and removed if it is in the same place for 72 hours.

It would be much better to provide an exact quote.

Who is to blame

Nothing in your post suggests anyone other than you is to blame. Is there some reason you think otherwise?

I have had previous dialogue with the PM company and the patrolling entity about my limited driving (due to a life-altering auto accident).

OK...and? Just because you had a "dialogue" with these entities doesn't mean you had license to violate the CC&Rs.

By the way, and while it's not relevant to the legal issue, if you engage in "limited driving," why do you have multiple cars?

More relevant: why did you have the cars parked "on the curb in front of the house," as opposed to in the street next to the curb or on your property (e.g., in the garage or driveway)?

and the one to sue in all of this?

Based on the information provided, no one.

A neighbor advised suing all of them and let the judge decide. If so, how do I get a court to slate all-three filings on the same day?

If you were to sue all three entities, you would do it in the same lawsuit, not separate lawsuits.