Question:
Sorry, but this might be a long explanation before my question. I feel you may have a better understanding with my question.
I am an owner in a condominium subdivision, my tenant’s vehicle was towed due to expired tags. My tenant or myself was not given any notices regarding this violation resulting in her vehicle being towed.
However, I was just issued through my email with information on o ur HOA Violations and Penalties for our Subdivision. It stated, the owner shall be issued a citation of violation as a first time warning with no penalty fees as a warning. I was not given a warning to rectify the problem.
So I decided to look at our Governing Documents and CC&R, regarding parking violations. It only listed violations for no parking in unauthorized stalls and no overnight guest parking. Nothing about expired tags.
I contacted our Property Management Company and was told the HOA has contracted with a towing company to come at will, to tow away vehicles that is in violations of our parking regulations. Which my tenant was not violating any rules since expired tags was not included.
So my question is, is the HOA able to have vehicles towed regardless if it’s not listed as one of the violations, without giving any notices of citation to comply? If the Governing Docs and CC&R was amended, should I, as an owner been given the new information, to include the information about having a towing company tow vehicles at will with no notification? Please advise.
– Wendy
Answer:
Hi Wendy,
Kindly review the governing documents to see if there are provisions regarding towing and the association’s authority to tow. Generally, if the governing documents require that the HOA issue violation warnings first before enforcing the rules via towing or imposing penalties, then the HOA board has to follow this rule. You may raise this with the HOA board by contacting them or bringing it up at a board meeting.
Moreover, the Hawaii Condominium Property Act Section 514B-104(c) states that to exercise the enforcement rights (apart from levying fines) against the tenant for a violation, the unit owner or tenant must have failed to cure the violation within ten days after the association notifies the tenant and unit owner of that violation; provided that no notice shall be required when the breach by the tenant causes or threatens to cause damage to any person or constitutes a violation of section 521-51(1), which concerns building and housing laws affecting the health and safety, or 521-51(6), which concerns wilful damage and destruction.
This may mean that, unless the tenant’s violation threatens to cause damage to any person, or property, or threatens health and safety, the tenant must have an opportunity to cure the violation after the association sends a violation notice. The HOA may be allowed to exercise enforcement rights such as towing only 10 days after the tenant does not cure the violation.
In addition, if you think that the expired tag does not violate the HOA’s rules, you may contest the violation by requesting a hearing from the HOA board or requesting alternative dispute resolution such as mediation or arbitration. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
