Columbus Grove - Buyer Beware

<p>Patrol One is like the Gestapo. I used to live in Aliso Viejo and the HOA used Patrol One. If you parked in the fire lane in front of your house for just a few seconds your car would be gone. One of our neighbors was washing his car. Went in to get a fresh towel. Car was gone. Another time my next door neighbor was unloading her Minivan from the grocery store trip. While she was making a second trip. Woosh. Here comes the tow truck. I got in the tow guys face. Next thing I know he has a tire Iron. Well it just so happened 3-4 other neighbors saw what was happening and the Tow driver made a hasty retreat. I remember a new code or law was going into effect since a tow truck driver ran over some guy trying to keep his car from being towed just as you mentioned. Something about the HOA needs to have someone to sign off on each tow to keep this from happening so often without a fair warning. I would suggest calling the local PD as well as the HOA association and raise a stink. I think what they are doing is now illeagal in Orange County....</p>

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Go to the HOA meetings and voice your complaints. Discuss with your neighbors if the towing is truly too stringent and start petitions or file complaints. Find out who the board members are and talk to them. Parking seems to always be one of the biggest problems in new developments in the area.
 
Now that bltsrv mentions it, I thought I did remember hearing about some law tightening up on tow truck drivers.
 
I've heard similar things about them. They seem to take pleasure in making people as miserable as possible and towing as many cars as possible. Do they have quotas or something or get paid by the tow?
 
<p>I feel for ya NewVOC. Towing for that violation does seem a little extreme... </p>

<p>Question - Have you ever been to a HOA meeting? I ask because HOAs are made up of homeowner represenatives, although sometimes in the beginning they have a builder rep that helps them get started... To be frank, there are many homeowners that bitch and moan about their HOAs and don't bother to go to a single meeting, don't read what they are sent, can't be bothered to participate in the process, etc. I don't have much empathy for someone that feels victimized when they were provided every chance to participate, declined, and let someone else make the decisions for them. If one abdicates their responsibility and voice to others, they don't have much room to complain about the outcome IMO. In newer communities it is exceptional easy to get on a board. They are usually begging for members... </p>

<p>If there are truly enough neighbors that care about these rules, I'd expect they'd get off their collective butts and show up at the HOA meetings to voice their concerns. All it typically takes to get a HOA to change up things is the presence of a number of angry owners at meetings or a little petition with a bunch of signatures... </p>

<p>My points comes from experience. I didn't like some of the things my HOA was doing years ago so when they had a vacancy I accepted an appointment to the board. When our president bailed, I took over his position. From that role, I was able to argue against and vote down some of the more hardcore things I knew many of my neighbors would not appreciate.</p>
 
Interesting, I've tried to call towing companies to have neighbors cars (not in VOC) towed and even the Irvine PD, but they have all told me that they cannot legally tow the car due to some people being run over by towing trucks as they tried to stop them. I think this even passed as state legislation. Any feedback on this? Oh and I wanted my neighbors towed because I didn't like the color of their car, and that it was blocking my driveway.



IMHO, the easiest way to get your HOA to act is to claim it's a health and safety issue. I've been to a few of these HOA meetings at VOC and CS and I have to say, the board's have been subpar, however, many of the homeowners have been worse. If you do go before the board, as I think you should, bring some supporters. As much as you want to, don't threaten litigation. This is an issue where the law seems to side with Board and you are going to have to pressure them with vocal support into a compromise.
 
Ipop,



The meeting is this week, according to the CG website. I WILL be there, and so will some of my neighbors. There are a lot of upset people already.



No, litigation is not my preferred method. There's nothing like threatening a lawsuit to grind the wheels to a complete stop. Besides, I don't want to waste my own HOA's money on lawyers, I just want the rules changed. This will be my home for a very long time, so I'm in for the long term solution.
 
Okay, maybe threatening legal action against your hoa isn't a bad idea. That's total BS, Irvine Tow is located at the corner of Baranca and Jamboree and I'm pretty sure they have an impound lot.
 
NewVOC - It's also interesting to me that they mentioned something as a "towable violation." I've lived in places where they have patrolled, and they will tow cars that violate these rules but at the same time will not tow cars that are violating actual laws (that I'm assuming aren't specifically stated in the CC&Rs). By violating law I mean the cars are illegally parked backwards along a street where cars are parallel parked.
 
Glad to see that you have a level head, first think out of this guys mouth at an HOA meeting was that he spoke to his lawyer and that he had the legal right to put some animal cages on his patio. Clearly he was an idiot and was just trying to position himself, but all he accomplished was ceasing the conversation.
 
Before the meeting NewVOC, lodge a complaint about being towed for non-towable violation CC&R violation. Unfortunately if your meeting is this week, it probably won't make the board packet for the meeting. Patrol One is an agent acting on behalf of your HOA. Patrol One's screw-ups are your HOAs problem, not yours. Your HOA will likely compensate you for the tow expense... That's not something I wouuld personally raise in open forum at the meeting. Open forum is more about general matters and you'll be less effective getting resolution in your favor of a personal issue in that fashion. If you are right about the CC&Rs, an email or letter to the HOA with reference to the pertinent sections should suffice.
 
<p>CaliG - HOAs only operate to the extent their CC&Rs allow. People could murder their families and if they did so quietly and without disturbing their numbers, there wouldn't be anything a HOA could do or say.</p>
 
<p>Suing your HOA will only serve to raise your dues and the dues of all your neighbors... Likely the only kind of lawsuit a HOA member will really care about is one for breach of fiduciary responsibility as they would be personally liable in that regard. Then again, their D&O policy would cover them for that so that's not really even a big deal.</p>
 
Hope this helps:http://www.dmv.ca.gov/pubs/vctop/d11/vc22658.htm



Vehicle code states:

(g) (1) (A) Possession of a vehicle under this section shall be deemed to arise when a vehicle is removed from private property and is in transit.



(B) Upon the request of the owner of the vehicle or that owner?s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.



So on private property if you manage to verbally tell them to stop towing your car before they are in POSSESSION (see above definition), then by law that have to give the car back to you or be guilty of a misdemeanor. The legislature intended to avoid violent confrontations between the public and tow truck operators.
 
I also thought I remember hearing that they must take pictures of the violation as proof instead of going by the tow truck driver's word. I would ask for proof of any violation and ask for the company's and tow driver's permit to tow.
 
I have lodged a complaint that will be heard this week, its on the schedule for this meeting.



Patrol One does have pictures, but at 2AM they were pretty dark. I've never denied that my car was overhanging the sidewalk, but it wasn't "blocking" at all. The sidewalk was completely accessible to walk. The pictures seem to prove my point.



A lawsuit won't help me at all, but I want the rules to change considering that we don't have a parking problem. The streets are wide, most people park on their driveway or in their garage. In my opinion, we dont need a parking patrol at all, or maybe a modified parking system that just takes the flagrant hydrant blocking or handicapped space issues. I have spoken to a few police officers, and none of them have ever heard of a car being towed out of a driveway. HOA or not.



jcaraway - I didn't know about Irvine Tow, I'll look into that. If people do indeed get towed, the impound lot can and should be very close.
 
JVNA,



The photo requirement is ONLY if park within 15ft of a fire hydrant, block a fire lane, or block the entrance/exit to a property. By law you can then request a copy of the photo free of charge.



Unfortunately if they already have you "hooked up" they can charge you up to 1/2 the regular towing charge.



NewVOC: You may want to look into whether your HOA & towing company violated the law in towing your car. There are several elements they need to meet including but not limited to:

(1) Specific written authorization from HOA or their agent to remove your particular vehicle

(2) Their agent needs to be present at the time of removal and verify the alleged violation (General tow contract agreements do NOT meet requirement unless you block a hydrant or firelane or entrance)

(3) There is also a sign requirement for private property owners that needs to be displayed at all entrances indicating cars may be towed at owners expense
 
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