Q: Our homeowners association has decided to launch the vehicle instead of towing for various violations. Our community has a single car garage and space in front of the second car garage. Can the association and towing companies be at risk of lawsuits if both cars are in an emergency, if the booted ones and those trapped in the garage are trapped? – Eric
A: Community Associations can tow or launch your car if the association rules are permitted.
That said, your community and its towing vendors must follow those rules.
Also, depending on where you live, laws and regulations may hold towing companies and associations. We are responsible for any improper towing or securing and causing harm.
Booting a vehicle on a driveway will lock you in the garage properly, so the situation is more complicated.
In a virtual scenario where both vehicles are fixed due to the decision by the homeowner association to launch the vehicle instead of towing, the lawsuit and towing company are at risk of litigation if the association and towing company lead to damages or injuries for several reasons.
First, rules run by community associations emphasize the protection of residents’ rights, but do not unfairly undermine the association’s ability to fulfill its responsibility to the community as a whole.
This means that the association must fulfill its obligation to ensure proper parking in a way that does not infringe on the rights and safety of its residents.
While starting a car could be an appropriate remedy to curb parking violations, securing other non-violated vehicles is also inappropriate.
Additionally, if an emergency arises and you launch a car and you have a foreseeable risk that the incorrect vehicle will not move, your association may also be liable for negligence.
In other words, your community may have the right to take “correct” actions to improve your parking violations, but if they file a “punitive” lawsuit to punish you by securing both cars, you are liable for causing unnecessary or negligent harm to you as a result.
In this scenario, it may make more sense for the community towing a problematic vehicle to prevent cars in the garage from being blocked.
Gary M. Singer is a Florida lawyer and is accredited the board as a real estate law expert by the Florida Bar. He practices real estate, business litigation and contract law from his office at sunrise. He is the chairman of the Broward County Bar Association’s Real Estate Division and co-hosts legal news and reviews for weekly radio shows. He frequently consults with a variety of businesses across the country about common real estate issues and trends in Florida. Submit your questions online at sunsentinel.com/askpro or follow us at x @garysingerlaw.
