ask for whatever you can get, then settle for whatever the judge thinks is proper. If you loose in court, where will you keep the truck. Is it possable to have the hoa write an exception?

 

I won't lose in court. The sign they posted out front is to small just for starters...that alone will find the tow company at fault. Then by law they will have to pay me 3 times the amount I paid to get my truck out of jail. If I come out before the truck leaves I will call the police. If the police show up before he leaves with my truck he will have to drop it and try another night. Just like repo'en, the tow truck driver is stealing the car untill they have possesion and call Teletype or whatever they call it now a days.
The contraption is designed to deter....if it doesn't it will slow him waaaaay down, enough for me to get out there and call the police.
(I have spent more than 5 years behind the steering wheels of tow trucks, AAA to Impounds to repo'en too)

 

This says Baltimore but most Maryland counties (including AA) have adopted it:
SUBTITLE 10A. TOWING OR REMOVAL OF VEHICLES FROM PARKING LOTS



? 21-10A-01. Definitions; applicability.



(a) "Parking lot" defined.- In this subtitle, "parking lot" means a privately owned facility consisting of 3 or more spaces for motor vehicle parking that is:

(1) Accessible to the general public; and

(2) Intended by the owner of the facility to be used primarily by the owner's customers, clientele, residents, lessees, or guests.

(b) Applicability - In general.-

(1) This subtitle applies only to the towing or removal of vehicles from parking lots in Baltimore City or Baltimore County.

(2) Nothing in this subtitle prevents a local authority from exercising any power to adopt ordinances or regulations relating to the registration or licensing of persons engaged in the parking, towing or removal, or impounding of vehicles.

(c) Applicability - Exceptions.- This subtitle does not apply to an abandoned vehicle as defined in ? 25-201 of this article.


[1989, ch. 462.]


? 21-10A-02. Signs.



(a) In general.- The owner or operator of a parking lot or the owner's or operator's agent may not have a vehicle towed or otherwise removed from the parking lot unless the owner, operator, or agent has placed in conspicuous locations, as described in subsection (b) of this section, signs that:

(1) Are at least 24 inches high and 30 inches wide;

(2) Are clearly visible to the driver of a motor vehicle entering or being parked in the parking lot;

(3) State the location to which the vehicle will be towed or removed;

(4) State the hours during which the vehicle may be reclaimed;

(5) State the maximum amount that the owner of the vehicle may be charged for the towing or removal of the vehicle; and

(6) Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vehicle by its owner or the owner's agent.

(b) Location.- The signs described in subsection (a) of this section shall be placed to provide at least 1 sign for every 7,500 square feet of parking space in the parking lot.


[1989, ch. 462.]


? 21-10A-03. Location to which vehicles towed or removed.



A vehicle may not be towed or otherwise removed from a parking lot to a location that is more than 10 miles from the parking lot.


[1989, ch. 462.]


? 21-10A-04. Rights, duties and obligations of persons undertaking towing or removing vehicles.



A person who undertakes the towing or removal of a vehicle from a parking lot:

(1) May not charge the owner of the vehicle or the owner's agent:

(i) More than twice the amount of the total fees normally charged or authorized by the political subdivision for the impound towing of vehicles; and

(ii) Except as provided in ? 16-207 (f) (1) of the Commercial Law Article, more than $8 per day for storage;

(2) Shall notify the police department in the jurisdiction where the parking lot is located within two hours after towing or removing the vehicle from the parking lot, and shall provide the following information:

(i) A description of the vehicle including the vehicle's registration plate number and vehicle identification number;

(ii) The date and time the vehicle was towed or removed;

(iii) The reason the vehicle was towed or removed; and

(iv) The locations from which and to which the vehicle was towed or removed;

(3) Before towing or removing the vehicle, shall have authorization of the parking lot owner which shall include:

(i) The name of the person authorizing the tow or removal; and

(ii) A statement that the vehicle is being towed or removed at the request of the parking lot owner;

(4) Shall obtain commercial liability insurance in the amount of at least $20,000 per occurrence to cover the cost of any damage to the vehicle resulting from the person's negligence;

(5) Shall obtain a surety bond in the amount of $20,000 to guarantee payment of any liability incurred under this subtitle;

(6) May not employ individuals, commonly referred to as "spotters", whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal, and impounding; and

(7) May not pay any remuneration to the owner of the parking lot.


[1989, ch. 462.]


? 21-10A-05. Delivery to storage facility; repossession by owner.



If a vehicle is towed or otherwise removed from a parking lot, the person in possession of the vehicle shall:

(1) Immediately deliver the vehicle directly to a storage facility customarily used by the person undertaking the towing or removal of the vehicle; and

(2) Provide the owner of the vehicle or the owner's agent immediate and continuous opportunity, from the time the vehicle was received at the storage facility, to retake possession of the vehicle.


[1989, ch. 462.]


? 21-10A-06. Violation of subtitle.



Any person who undertakes the towing or removal of a vehicle from a parking lot in violation of any provision of this subtitle:

(1) Shall be liable for actual damages sustained by any person as a direct result of the violation; and

(2) Shall be liable to the vehicle owner for triple the amount paid by the owner or the owner's agent to retake possession of the vehicle.


[1989, ch. 462.]


Quoted in; Bowden v. Caldor, Inc., 350 Md. 4, 710 A.2d 267 (1998).

 

Here are some more pics I snapped this morning:

 

Just to nitpick, you are not parked in a parking LOT - you are on a public street in a sub-division controlled by a community association. when you first moved into this community, you supposedly signed an agreement to abide with the Association rules. You are not dealing with the tow company, you are dealing with the Association. Yes, you can thwart the towing of the vehicle, but the Association should then sue you for non-compliance.

If you did NOT sign the agreement, all bets are off....I don't have a clue on what would happen at that point. Maybe it was written in your purchase/buy agreement that you would abide my the Association's rules......

 

I hear what you are sayen, Bud. I have read all the laws from front to back and back to the front. The tow company is who I go after.
As quoted from above:

? 21-10A-06. Violation of subtitle.



Any person who undertakes the towing or removal of a vehicle from a parking lot in violation of any provision of this subtitle:

(1) Shall be liable for actual damages sustained by any person as a direct result of the violation; and

(2) Shall be liable to the vehicle owner for triple the amount paid by the owner or the owner's agent to retake possession of the vehicle.

IF this goes in front of "THE MAN", I will be sure to let everyone know what happens/happened.

 

Very good..... we all hope for the best for ya....

 

I never thought anything different.
Thanks, Brother!
Ian

 

TIME FOR YOU TO UPDATE US

 

Thanks for asking, Rock. So far so good!
I have seen the tow truck in and out of our community and no problems at all. There is another 350 with a drop in tool box and he isn't being fudged with either. It is actually working out very well as part of my morning routine. I go out and turn the truck "ON" (for glow plugs) and by the time I clean up my contraption the glow plugs are ready to fire.
I won't be there to much longer. The VA inspects my "new house" today, tomorrow we call BG&E to get the power in our name and Thursday we close (finaly). So about 2 more weeks of games.

I will keep you all up to date if anything happens or when I slip out and put this thing to rest.

 

Where ya moving to, Ian? Sounds like you fixed up the Association for all your 350 friends in the community!!! Nice going. Guess life is all about training those who just don't have a clue, eh?

 

LOL, I sure hope I helped them.
I moving to Gambrills off of Waugh Chaple rd (tryen to get closer to you!). I so ready to move in a house that is MINE. I have NEVER fully unpacked anywhere I've been (military, moving every 2-3 years) and where I am now, I knew was just a steppen stone. I am very motovated to get moving and unpacked. :-)

 

Neat....welcome to Anne Arundel County!!!