Can I sue my HOA for the fee I paid to get my car out of the tow lot due to them not giving ample notification of the parkinglot line painting job? I left for a business trip out of the state on a Sunday, and returned that week Thursday night at 10:30pm. The next morning I woke up and my car was gone. Upon investigation I learned that the HOA gave about 4 days notice of this parking lot line painting. I called them and offered to send my plane tickets as proof that I was not there and that they didnt even give us one full week of notice for this. They said they did not care of the reasons and they felt they gave enough notice. I read the bylaws and HOA info booket given to me when I bought the home and there is no guidance there as to how much notice they would give or what the procedure would be when they paint the parking lot. I would like to take them to small claims court to get back the fees I paid for getting my car out of the tow lot and the miliage charges to reimburse my sister n law for picking me up and taking me to the lot to retrieve the vehicle. This all happened in July... which happends to be the highest traveling season in this country. I am wondering why they didnt give people ample notice. Either way, I want to know if this sounds worth me taking to small claims court.
Answered on: 7/23/13, 7:30 am by Robert Sher
I appreciate your ire, but I doubt the amount you may have spent on retrieving your car would be worth your time even in small claims court. Your chances of winning aren't good, since there was no express violation of HOA bylaws. These groups are considered in the law to be mini "governments" capable of running themselves through their bylaws. What you could try to do going forward is to seek an amendment to the bylaws to combat this problem.
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