Can an association where you rent legally tow your car if you do not pay an invoice for damages you caused?

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Can an association where you rent legally tow your car if you do not pay an invoice for damages you caused?

My fiance broke the gate in our apartment complex about a week or so ago and we were advised several days later that they were sending a technician out to repair the gate. We advised them that we would pay for the invoice because this was his mistake. However, they are only giving us until tomorrow to pay the invoice. We had asked if we could have a 10 day textension o come up with the funds. We were advised that they needed the money by tomorrow or they will revoke our parking passes and tow our vehicles.

Asked on December 1, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your homeowner's association can revoke your parking passes and tow your vehicles over a dispute over money owed concerning damages the gate depends upon whether or not there is a written and recorded covenants, conditions and restrictions allowing such. Most likely there is not.

Even if there was such a recorded document, I suspect that it would be illegal per se. From what you have written, I doubt that your vehicle can legally be towed and your parking passes revoked over the dispute you are writing about. I suggest that you consult with an attorney experienced in the area of homeowner's associations and applicable law pertaining to such associations. 


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