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July 3, 2011 By Tracy Ettinghoff Leave a Comment

Orange County Appellate Court Upholds Towing of Inoperable Vehicle

The Fourth District Court of Appeal in Orange County has upheld the towing of an inoperable vehicle by a Homeowner Association.  In YAN SUI v. STEPHEN D. PRICE, just published in June, 2011, the court affirmed the dismissal of a lawsuit against an association which towed an inoperable vehicle which was in violation of the CC&Rs.  The court also upheld the towing which was done in compliance with Vehicle Code section 22658.  Vehicle Code section 22658, subdivision (a), permits an association of a common interest development to remove a vehicle parked on the property under a variety of circumstances, including the giving of notice of the parking violation, and the lapse of 96 hours after such notice. Thus it was not inappropriate to enforce a parking rule in the manner authorized by law.

Filed Under: Homeowner Association Law Tagged With: Association, HOA Law, Parking, Towing

Practice Areas

  • Construction Defect Litigation
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Law Offices of Tracy Ettinghoff
Orange County Real Estate Attorney

30011 Ivy Glenn, Suite 121
Laguna Niguel, California 92677
Phone: (949) 363-5573
Fax: (949) 363-1306
Email: te@ettinghoff.com

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