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Short story, Apartment Complex owner allowed a company to tow any vehicles that had expired tags. I was on vacation for a week and didn't apply my new tag on my vehicle. I'm in AZ and my registration was within good standing and not expired. Was the Apartment Complex allowed to do this? Also since my registration was within good standing, would this be considered an illegal tow? I just don't want any hassle and to pay any fine.

 

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I don't know the local law where the OP lives but the OP better do some research before taking that kind of step.  There... (more)

giqcass (Nov. 11, 2016 @ 11:14p) |

can't find anything to back up your claims, huh?  Oh, well, go pout and grow up.

Mickie3 (Nov. 12, 2016 @ 8:14a) |

Thank goodness that Chicago violent crime rate is so low that this is considered wise use of police resources.

tuphat (Nov. 12, 2016 @ 11:14a) |

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bigdinkel said:   Was the Apartment Complex allowed to do this?Don't know


Also since my registration was within good standing, would this be considered an illegal tow?Don't know, but if it is, then it sounds like the apartment complex was NOT allowed to do this.


I just don't want any hassle and to pay any fine.A towing company has towed your car and now you expect not to pay a fine to get your car back? Good luck. You'll probably have to pay a fine for now and fight w/ your complex owner to get reimbursed since they gave the tow company the blanket authorization to tow cars w/ expired tags.

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What did the complex manager said when you contacted them?  It very well could be on their policy to remove any vehicles with expired tags.  How can you say that your registration in AZ was in good standing when your tags are expired?

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1) Yes they can tow any car as long as the owner requests it.

Period.

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The property owner can tow any car on his property for any reason.

Whether it is legal or not is up to your lawyer or small claims to decide.

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ach1199 said:   How can you say that your registration in AZ was in good standing when your tags are expired?
2nd sentence in OP: "I was on vacation for a week and didn't apply my new tag on my vehicle."

Meaning OP renewed and received the new registration but did not affix the new tag (sticker?) to the vehicle.
  

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NoMoneyInMyWallet said:   
ach1199 said:   How can you say that your registration in AZ was in good standing when your tags are expired?
2nd sentence in OP: "I was on vacation for a week and didn't apply my new tag on my vehicle."

Meaning OP renewed and received the new registration but did not affix the new tag (sticker?) to the vehicle.
  

  Irrelevant.
Owner can tow for any reason.

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forbin4040 said:   
NoMoneyInMyWallet said:   
ach1199 said:   How can you say that your registration in AZ was in good standing when your tags are expired?
2nd sentence in OP: "I was on vacation for a week and didn't apply my new tag on my vehicle."

Meaning OP renewed and received the new registration but did not affix the new tag (sticker?) to the vehicle.
  

  Irrelevant.
Owner can tow for any reason.

  Owner can tow, OP can sue owner for towing the car if owner is in violation of the lease. 

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I just didn't apply the tag yet.

I have a strong feeling the apartment complex receives a nice financial kickback for allowing a private tow company that come in and take vehicles.

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They may have an abandoned vehicle rule which might include expired tags. In that case, you are out of luck.

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alamo11 said:   
forbin4040 said:   
 
  Irrelevant.
Owner can tow for any reason.

  Owner can tow, OP can sue owner for towing the car if owner is in violation of the lease. 

  OP admitted violating the terms by not applying the sticker and going away for a week (So vehicle looks dirty / abandoned), so OP doesn't have any recourse.

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Your agreement with the complex owner allows them to tow a vehicle with expired tags. Your vehicle had expired tags. The fact that you had other tags that you hadn't yet put on the vehicle doesn't matter - how was the complex supposed to know that? The tow was reasonable. PYBD.

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Most apartment complexes have similar rules. The worst part is that their contractor roams the area constantly and has a good idea who is about to expire.

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Dude! Where is my Car?

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Do you have assigned spaces? If the car was in your assigned space, what difference does an expired registration make? As long as your rent is paid it's none of the apartment's business. Now if it had flat tires or broken glass, that would be a different story. Maybe a car cover would have prevented this?

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Ask for the money back.

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I was involved in management of an apartment complex in the Chicago area years ago.

An ongoing issue with the City was that late at night police officers would come in the very large private parking lot and hand out tickets for expired registration, out of state plates (the theory being that if you were parked in the lot at 3 am you were a local resident) or no or expired city sticker (a tax peculiar to Illinois).

After many complaints from tenants the City attorney determined that there was no authority to enter a private lot to enforce laws which were requirements only when on the public way.

The outstanding tickets were cancelled.   But, wasn't much of a victory since the cops started waiting at the parking lot exit to check registration etc and citing folks not in compliance.

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The answer depends on the terms of your lease, city ordinances, and state law. Let's start with your lease: does it state that they can tow your car if there is not a current tag on your plate? Are there any association rules that require current tags? Are there any city or state laws that limit or regulate towing? If you provide your city, someone might look up the laws.

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My vehicle is barely a year old and looks brand new still. It was in it's assigned spot. I spoke with management and told them that they should of used common sense when they saw my vehicle when they claimed, "well we don't want abandoned, broke down vehicles in our lots."

I asked the apartment complex manager how much she receives in kickbacks from the towing company and she started trembling. I'll be able to get my car out with no fines since my registration was updated.

Either way, it adds onto the list of things our Apartments try to nickel and dime their tenants.

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In my area a lot of complexes have leases prohibiting vehicles that aren't legal. This would include expired plates. We did this in our complex to stop residents from keeping a junker in their parking space. My SFH leases now have the same language.

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cajundavid said:   In my area a lot of complexes have leases prohibiting vehicles that aren't legal. This would include expired plates. We did this in our complex to stop residents from keeping a junker in their parking space. My SFH leases now have the same language.
  Car with current tags can look worse than those with expired ones. If I ever lived in a place like that, I'd buy and register a $300 car just to PO the management. 

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Great example of a good idea that was poorly implemented.

Nobody wants junk cars parked for months and possibly abandoned... but a sticker that was just a few weeks out of date and in an assigned space... towing that was just poor management.

Seems foolish, especially considering that they probably paid a commission to get that tenant.

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Or maybe OP is not the tenant management wants and they are just trying to get him to break the lease?

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I think it is unreasonable to tow people's vehicles that are less than 1 month expired. Sounds like you pissed off somebody and they are finding ways to get even with you.

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What does your lease say? When I lived in a complex, it was in our lease that any vehicle without a current registration sticker on their tags, would be towed. I don't know how it is where you live, but the state I lived in, allowed you to renew online, and you could print out a temporary registration tag you affixed in your rear window, until you received and affixed your sticker(s) - the temp was good for several weeks. Anyway, if your lease requires all vehicles of tenants to have current registrations, including stickers, you probably have no recourse. Without the current stickers, the complex has no way of knowing whether registration is current.

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cajundavid said:   In my area a lot of complexes have leases prohibiting vehicles that aren't legal. This would include expired plates. We did this in our complex to stop residents from keeping a junker in their parking space. My SFH leases now have the same language.
Legal to operate on a public way may not be the same as legal to park on private property. In other words, there often is no law against letting your plate expire as long as you aren't on public streets.

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At a minimum I would not renew my lease.

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NEDeals said:   
cajundavid said:   In my area a lot of complexes have leases prohibiting vehicles that aren't legal. This would include expired plates. We did this in our complex to stop residents from keeping a junker in their parking space. My SFH leases now have the same language.
Legal to operate on a public way may not be the same as legal to park on private property. In other words, there often is no law against letting your plate expire as long as you aren't on public streets.

It might not be illegal, but a friend received a notice of cancellation of his homeowners insurance when he let the registration lapse on a car parked in his own driveway. 

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It very well could be illegal. I doubt the legally required sign (if there even is one) states that expired tags are a parking restriction...

http://law.justia.com/codes/arizona/2005/title9/00499-05.html

B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance. Such signs shall contain, at a minimum, the following:
1. Restrictions on parking.
2. Disposition of vehicles found in violation of the parking restrictions.
3. Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.
4. Telephone number and address where the violator can locate the violator's vehicle.

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dobby10 said:   It very well could be illegal. I doubt the legally required sign (if there even is one) states that expired tags are a parking restriction...

http://law.justia.com/codes/arizona/2005/title9/00499-05.html 

B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance. Such signs shall contain, at a minimum, the following:
1. Restrictions on parking.
2. Disposition of vehicles found in violation of the parking restrictions.
3. Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.
4. Telephone number and address where the violator can locate the violator's vehicle.

  Now that's the best info I've read in this thread.

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I was once ticketed for having a car in a student commuter parking lot with a student parking permit and non-current registration sticker.
Wash the dirt off the sticker on my plate, apply current sticker on top of it, walk to the parking enforcement office with my ticket. (I hadn't put the sticker on because it's a hassle to get it to stick properly in the winter)
"Hey, you idiots ticketed me for parking in my assigned lot, and my car's inside the lines. I want somebody to come look at it and fix this ticket."
"This ticket isn't for parking, it's for parking with an expired plate"
"My plate isn't expired" (pulls out valid registration issued a month ago)
"Well, the sticker must have fallen off your plate then"
"No, my car's legal. Do I have to take this to court?"
"Ok, bring the car here and I'll take a look at it..."

Another time I saw a fellow student's car, properly parked, with for sale signs in the back side windows and a ticket on the windshield.
I read the ticket, and sure enough there was a box for "advertising on public property" or something like that.
I always wondered if she paid that ticket.

The best one was the time a guy got in the student paper for beating a ticket in court.
It was for parking outside of the designated parking spaces, in the student lot, when the student lot was already full and he had to get to class.
He showed the judge that the school had sold 20,000 student parking stickers for 6,000 student parking spaces and claimed he had a right to park in the lot and attend class. The judge agreed.
 

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taxmantoo said:   I was once ticketed for having a car in a student commuter parking lot with a student parking permit and non-current registration sticker.
Wash the dirt off the sticker on my plate, apply current sticker on top of it, walk to the parking enforcement office with my ticket. (I hadn't put the sticker on because it's a hassle to get it to stick properly in the winter)
"Hey, you idiots ticketed me for parking in my assigned lot, and my car's inside the lines. I want somebody to come look at it and fix this ticket."
"This ticket isn't for parking, it's for parking with an expired plate"
"My plate isn't expired" (pulls out valid registration issued a month ago)
"Well, the sticker must have fallen off your plate then"
"No, my car's legal. Do I have to take this to court?"
"Ok, bring the car here and I'll take a look at it..."

Another time I saw a fellow student's car, properly parked, with for sale signs in the back side windows and a ticket on the windshield.
I read the ticket, and sure enough there was a box for "advertising on public property" or something like that.
I always wondered if she paid that ticket.

The best one was the time a guy got in the student paper for beating a ticket in court.
It was for parking outside of the designated parking spaces, in the student lot, when the student lot was already full and he had to get to class.
He showed the judge that the school had sold 20,000 student parking stickers for 6,000 student parking spaces and claimed he had a right to park in the lot and attend class. The judge agreed.

  So
1) You lied and convinced them they were wrong.
2) Two cities around me have that ordinance, no 'For Sale Signs' on public streets.
3) Dang!  I like that one, I wonder how he got the data that 20,000 were sold.

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forbin4040 said:   
 
  So
1) You lied and convinced them they were wrong.
2) Two cities around me have that ordinance, no 'For Sale Signs' on public streets.
3) Dang!  I like that one, I wonder how he got the data that 20,000 were sold.

  
I feel like there is a difference between a city's authority to not have telephone poles plastered with "for sale" signs, and their authority to dictate whether you can have a sign visible in the window of your car.

The latter sounds pretty unreasonable.

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arch8ngel said:   
forbin4040 said:   
 
  So
1) You lied and convinced them they were wrong.
2) Two cities around me have that ordinance, no 'For Sale Signs' on public streets.
3) Dang!  I like that one, I wonder how he got the data that 20,000 were sold.

  
I feel like there is a difference between a city's authority to not have telephone poles plastered with "for sale" signs, and their authority to dictate whether you can have a sign visible in the window of your car.

The latter sounds pretty unreasonable.

  The issue with the for sale signs on cars can be that car brokers perpetually park their for sale cars in high traffic areas to get visibility. It isn't unreasonable to have areas where that is restricted and enforced so people who live there can park on their own street. 

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taxmantoo said:   
It was for parking outside of the designated parking spaces, in the student lot, when the student lot was already full and he had to get to class.
He showed the judge that the school had sold 20,000 student parking stickers for 6,000 student parking spaces and claimed he had a right to park in the lot and attend class. The judge agreed.

  But if other people do that , then you'll have parking in that lot all over the place. I wouldn't be surprised if they updated the T&C to be more precise

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Stubtify said:     The issue with the for sale signs on cars can be that car brokers perpetually park their for sale cars in high traffic areas to get visibility. It isn't unreasonable to have areas where that is restricted and enforced so people who live there can park on their own street. 
  Maybe 20 years ago before the internet, not so much now. Besides, no dealer would risk their license doing that. Probably unlicenced flippers.

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atikovi said:   
Stubtify said:     The issue with the for sale signs on cars can be that car brokers perpetually park their for sale cars in high traffic areas to get visibility. It isn't unreasonable to have areas where that is restricted and enforced so people who live there can park on their own street. 
  Maybe 20 years ago before the internet, not so much now. Besides, no dealer would risk their license doing that. Probably unlicenced flippers.

  Sorry, you're correct, not legitimate brokers, but fly by night operators. These people pose as FSBO type people but have many cars all lined up. Ruin it for the rest of us. 

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dobby10 said:   It very well could be illegal. I doubt the legally required sign (if there even is one) states that expired tags are a parking restriction...

http://law.justia.com/codes/arizona/2005/title9/00499-05.html

B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance. Such signs shall contain, at a minimum, the following:
1. Restrictions on parking.
2. Disposition of vehicles found in violation of the parking restrictions.
3. Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.
4. Telephone number and address where the violator can locate the violator's vehicle.

Except he's not the "general public." He's a renter. He has a pre-existing agreement with the landlord.

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dobby10 said:   It very well could be illegal. I doubt the legally required sign (if there even is one) states that expired tags are a parking restriction...

http://law.justia.com/codes/arizona/2005/title9/00499-05.html 

B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance. Such signs shall contain, at a minimum, the following:
1. Restrictions on parking.
2. Disposition of vehicles found in violation of the parking restrictions.
3. Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions.
4. Telephone number and address where the violator can locate the violator's vehicle.

  

I must be misunderstanding this.   It reads as if you can park on anyones private property anywhere in AZ unless theres a detailed sign saying you cant.
 

Skipping 38 Messages...
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MrKlick said:   I was involved in management of an apartment complex in the Chicago area years ago....
The outstanding tickets were cancelled.   But, wasn't much of a victory since the cops started waiting at the parking lot exit to check registration etc and citing folks not in compliance.

  Thank goodness that Chicago violent crime rate is so low that this is considered wise use of police resources.

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