In Norman v. Ashburn Square Homeowners Assoc., 49 Fla. L. Weekly D1899a (Hillsborough Co., 2024), the Florida court addressed a dispute between Jacqueline Norman, a property owner, and the Ashburn Square Homeowners’ Association (HOA) concerning the towing of Norman’s vehicle for parking on the grass in violation of the HOA’s rules. The court ultimately affirmed the decision of the trial court in favor of the HOA, ruling that the towing was lawful under Florida law and the HOA’s parking rules. Here is a summary of the case and some tips for apartment managers.
Background of the Case:
The Issue:
Jacqueline Norman’s vehicle was towed by the HOA for allegedly parking on the grass, which was prohibited by the HOA’s rules. Norman filed a claim in small claims court arguing that the towing violated Florida Statutes § 715.07, which governs the towing of vehicles from private property.
Norman’s Arguments:
Norman claimed that:
The towing was improper because her vehicle was not actually parked on the grass (only a small part of the tire may have touched the grass).
As a resident with a parking permit, she had permission to park in the area where her vehicle was towed.
The HOA failed to provide her with the required personal notice of the parking violation before towing, as mandated by both the statute and the HOA’s parking rules.
HOA’s Defense:
The HOA contended that:
Their rules clearly prohibited parking on or across any grassed surface, and any vehicle parked in violation of this rule could be towed.
They posted signs on the property stating that unauthorized vehicles would be towed at the owner’s expense, which satisfied the general notice requirement under Florida Statutes § 715.07.
The posted signs were sufficient notice, and no additional personal notice was required before towing Norman’s vehicle.
Court’s Decision:
Statutory Notice Requirements:
The court found that the HOA complied with the statutory notice requirements by posting signs stating “unauthorized vehicles will be towed” at the owner’s expense. Under Florida law, this general notice via signage was sufficient to authorize towing without requiring personal notice to the vehicle owner.
The court rejected Norman’s argument that personal notice was necessary under the circumstances, clarifying that personal notice is only an exception to the general signage requirement and not mandatory if proper signage is posted.
Claim Based on HOA’s Own Rules:
Norman also argued that the HOA violated its own parking rules, which required notice to the resident of a violation before towing the vehicle. However, the court determined that this argument was not properly raised in the initial pleadings and was introduced only later in the litigation process.
The court noted that while Norman could have pursued a claim based on the HOA’s failure to provide specific notice per its own rules, she had not done so originally. Therefore, the court did not consider this claim.
Rejection of Implied Permission Argument:
The court dismissed Norman’s argument that she had “implied permission” to park on the grass until the HOA provided specific notice of a violation. The court explained that failing to provide notice does not equate to permission to violate the parking rules.
Summary:
The court affirmed the summary disposition in favor of the HOA, holding that the HOA had complied with the statutory requirements for towing, and that Norman’s arguments regarding the need for personal notice or violation of the HOA’s internal rules were either legally unfounded or unpled.
Tips for Apartment Managers Based on the Court Decision in Norman v. Ashburn Square HOA
The court decision in Norman v. Ashburn Square HOA provides important lessons for apartment managers, especially regarding how to enforce parking rules and handle towing procedures. Here are some key takeaways:
- Use Clear and Compliant Signage to Provide General Notice
- Ensure Proper Signage is Posted: Apartment managers should post clear and visible signs indicating that unauthorized vehicles will be towed at the owner’s expense. The signs should comply with local laws, such as having text that is large, legible, and in a contrasting color. For example, the sign should state “Unauthorized vehicles will be towed away at the owner’s expense” with letters that meet or exceed the minimum height requirements.
- Avoid Reliance on Personal Notice: The court in this case confirmed that general notice through proper signage is sufficient to authorize the towing of vehicles parked without permission. Personal notice is not required unless specifically mandated by the property’s rules or local law. Make sure that signage is posted in key areas to avoid the necessity of giving individual notices each time.
- Adhere to All Parking Rules and Enforcement Procedures
- Follow Established Parking Rules: The court highlighted the importance of adhering strictly to the parking rules established by the property. If the rules specify that notice must be given before a vehicle is towed, ensure that this procedure is followed. Deviating from your own rules can expose you to legal challenges.
- Clarify Rules in Leases and Addenda: Include detailed parking rules and towing policies in the lease agreements or as addenda. Make sure tenants are aware of these rules upon moving in and provide written copies. This minimizes disputes and helps enforce the rules consistently.
- Document Everything
- Maintain Detailed Records: Keep detailed documentation of all towing incidents, including photographs of the vehicle, notes about the violation (such as dates and times), and any communications with the tenant. This documentation can serve as critical evidence if the towing decision is challenged in court.
- Record Signage Placement and Compliance: Regularly document that your property signage complies with legal requirements. Take photos of posted signs and keep records of maintenance or replacement to prove compliance with statutory notice requirements.
- Review and Understand Applicable Laws and Ordinances
- Stay Informed of Legal Requirements: Apartment managers must understand the local and state laws that govern towing practices and tenant rights. In this case, the relevant law was Florida Statutes § 715.07, which dictates how and when a vehicle can be towed from private property. Make sure your policies align with these laws to avoid legal challenges.
- Consider Legal Counsel for Complex Situations: If you are uncertain about how the law applies to a specific situation or if there is a dispute, consult with legal counsel to ensure compliance and reduce liability.
- Handle Tenant Disputes Professionally and Proactively
- Address Disputes Early: When a tenant raises a dispute about towing or other enforcement actions, address it promptly and professionally. Consider offering a meeting or written explanation to clarify the reason for the action and provide any supporting evidence.
- Encourage Compliance Through Communication: Regularly remind tenants of parking rules and towing policies through newsletters, emails, or community boards. This proactive approach can prevent violations and reduce the need for towing.
- Avoid Raising Unpled Claims During Legal Proceedings
- Ensure All Claims are Properly Pled: If you end up in a legal dispute, ensure that all arguments or defenses are properly included in your initial filings. In this case, the court rejected new arguments raised by the plaintiff because they were not properly pled in the initial complaint. Be thorough in presenting all potential issues at the outset.
- Conduct Regular Training for Staff
- Train Staff on Parking Policies and Legal Compliance: Make sure all property management staff understand the parking rules, the proper use of signage, and the legal requirements for towing vehicles. Regular training can help prevent mistakes and ensure that your team is enforcing rules consistently and legally.
- Be Fair and Consistent in Rule Enforcement
- Apply Rules Evenly: Ensure that parking rules are applied consistently to all tenants to avoid claims of discrimination or unfair treatment. Inconsistent enforcement can lead to disputes and potential legal liability.
- Communicate Clearly About Violations: Whenever possible, communicate clearly with tenants about violations and provide an opportunity to rectify the issue before towing. While not always required by law, this can help maintain a good relationship with tenants and avoid unnecessary disputes.
Conclusion
By following these tips, apartment managers can minimize the risk of legal disputes over towing and other enforcement actions, maintain good tenant relationships, and ensure compliance with relevant laws and regulations. Proper signage, documentation, and adherence to rules are key to successfully managing parking policies and avoiding potential legal challenges.