My truck was towed out in front of my house I live in an HOA gated community and it was only there out in front of my

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Customer: My truck was towed out in front of my house I live in an HOA gated community and it was only there out in front of my house for maybe a half hour before it was towed I literally parked it there went into the house came out and it was gone there the tow company has pre-signed authorization to tow vehicles there was no homeowner association member present at the time they towed my vehicle what are my options
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I called I called the tow company they said they weren’t open until 8 AM to pick up the vehicle but I’m not paying them anything for you legally towing my truck also it’s a lifted truck and has to be put on a flatbed toe because it’s a four-wheel-drive and it was obviously not on a flatbed it is I have video from my ring doorbell to prove it
JA: Where is the property located?
Customer: 5330 E. Harmony Ave., Mesa, AZ 85206 San Michele gated community
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m sitting outside the tow yard right now
Answered by Loren in 59 mins 7 months ago
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Loren
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Customer
Wrong person.
Customer
What ??????
Customer
My truck was towed out in front of my house I live in an HOA gated community and it was only there out in front of my house for maybe a half hour before it was towed I literally parked it there went into the house came out and it was gone there the tow company has pre-signed authorization to towvehicles there was no homeowner association member present at the time they towed my vehicle what are my options
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I called I called the tow company they said they weren’t open until 8 AM to pick up the vehicle but I’m not paying them anything for you legally towing my truck also it’s a lifted truck and has to be put on a flatbed toe because it’s a four-wheel-drive and it was obviously not on a flatbed it is I have video from my ring doorbell to prove it
JA: Where is the property located?
Customer: 5330 E. Harmony Ave., Mesa, AZ 85206 San Michele gated community
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m sitting outside the tow yard right now
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Loren, Expert

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 35 yrs and a certified expert on JustAnswer since 2009.

I know how frustrating these things can be, but I am prepared to answer your questions with the highest quality service to you!

If it is ok with you, let me take a minute to review your question. I will post a request for further information or an answer shortly. While I review, feel free to provide additional facts/information, if any. Please know that I will endeavor to respond immediately to every follow-up you post. I appreciate your patience!

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Loren, Expert

How are you today?

I have read your post. A bit more information would be helpful, please.

  • Does the HOA have parking restrictions for trucks?
  • Did the HOA give lawful authority to the tow company to tow the truck?
Customer
They have authority to H O. A gives all city towing authority to tow vehicles off the premises but it Hass to be signed and that H O. A member who calls it in Hass to be present at the time of the towel and that did not happen they have pre-signed authorization forms which are illegal
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Loren, Expert

Thank you for the additional information. Please give me a moment to type my answer. If you have additonal facts you would like to provide, please feel free to add them to our chat thread.

Customer
I'm here now to pick up the vehicle and I'm not gonna pay for it so in order to release it they're telling me that my wife's name is ***** ***** registration but it only has to have the last name on the registration as the same on my drivers license which it does but now they're telling me to release a vehicle without pain that my wife has to be here to sign the paperwork and fill out the paperwork I've called the police and they are on their way here
Customer
My truck is a lifted truck four-wheel-drive it only can be towed on a flatbed and they did not tow it properly either they towed it with a snatch and grab
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Loren, Expert

Thank you for the additional information.

Anything else before I type my answer?

Customer
No that should be about it
Customer
Hi
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Loren, Expert

Not sure what "???" means, but please give mema moment to type my answer. Thank you for your patience.

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Loren, Expert

If the tow company did not fully comply with the authortiy they were given by the HOA then your recouse is to demand they return the vehicle and compensate you for your damages.

If you can not reach a negotiated settlement then your recourse is to file suit for trespass to chattel. If the claim does not exceed $3500 you can file in small claims court.

That is helpful to you because small claims court is a "user-friendly", simplified process so that you can present a claim without the expense of an attorney. Also, it moves much more quickly than regular court.

You can get the necessary forms to start from the clerk of the court. Fill them out, file them with the clerk and place the filed complaint and summons with the sheriff for service.

You will receive a hearing date to come to court and present your case. Make sure you have your evidence and witnesses available for the trial.

You may also want to file a complaint with the AZ Attorney General. You can do so online at:

https://consumer-complaint.azag.gov/publiccomplaint/begin.aspx

How else may I help you?

Did you have any further questions about this, or require clarification?

Customer
What do they have to comply with is the question I guess to see if they did comply with the authority or not but Arizona State law says that the H away member when I get a community has to be present when the vehicle was towed
Customer
That an HO a member has to be present when the vehicle is towed and it Hass to be signed and dated and time stamp buy them at that time
Customer
There was no HOA member present when they told my vehicle and they have pre-signed authorization forms which are illegal correct
Customer
I need to know what I can do right now to get my vehicle from them.
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Loren, Expert

The tow company would need to comply with the contract they had with the HOA. Likewise, the HOA would need to comply with their bylaws.

If either, or both parties, were not fully compliant then you would have a civil claim to assert.

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Loren, Expert

I am just checking back to see if you have had a chance to read my answer and see if you have any additional questions about this for me or require further clarification?

Customer
I did see your answer but it it's not helpful in getting my vehicle back immediately I could file a claim and go through all that but that means me without a vehicle and I'm not gonna pay $250 for my vehicle to be released
Customer
They did not comply beams to H O. A with the city ordinance nor did the tow company comply with the code ordinance I had a police officer there on scene but he wouldn't even do anything even that they both were breaking the law
Customer
I could file a claim but it doesn't give me any further than I am right this minute
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Loren, Expert

There is no immediate recourse, unless you have some pull with the HOA and you can get them to call the tow company and demand your vehicle be released. Your only, and best, ***** ***** may be to comply with whatever you need to do to get the car released and then exercise the legal recourse options.
In these matters you need to go A to B toC, not A to F.
Customer
OK thank you for all your help
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Loren, Expert

You are very welcome. I hope I have addressed all of your concerns thoroughly and to your satisfaction.
You can request me, exclusively, for future questions, at the following link: https://www.justanswer.com/law/expert-lorens35/

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