Saturday, June 17, 2006

Worse Than Taxes...

Today has been a crazy day... With all of the stuff going on with my dad I also had to pay 80 bucks to have a boot removed from my car as it was parked right in front of me as I was washing my H2. I won't go into too many of the details, but it was UGLY. I haven't been that heated in an argument for years... Anyway, I just finished writing the following letter to the HOA in response to what happened. It's self explanatory...

To whom it may concern:

My wife and I are the owners the property with the address XXXXX S. Xxxx Xxxxx Xxx located in the Bluffs at Oquirrh Park Community. This letter is in reference to an incident that occurred approximately 8:30 p.m. Friday June 16, 2006. On said evening my vehicle was booted by Joey Towing Inc. out in front of my town home as I was in my driveway washing my other vehicle. I had parked my car on the street while I was beginning to wash my SUV, keeping my car in plain view the entire time. My car was not obstructing any through traffic, any limited common area space and was not on the street long enough to warrant a boot (See Section 5.2 of the RULES AND REGULATIONS: THE BLUFFS AT OQUIRRH PARK dated March 31, 2006). I was hosing off my SUV as the tow truck drove up, the operator seeing me in plain sight walked up to my car and put the boot on my car. I immediately went to intervene, but to no avail proceeded to have a very heated argument with the driver as he proceeded to tell me that he was only doing his job as per his agreement with the Home Owner’s Association President.

The discussion with the tow truck operator included:

-Threats by the tow truck operator to call the police for my “belligerent conduct.”
-Threats that he would just tow my car and I would have to pay for two days storage PLUS the boot fee since the tow company isn’t open on Saturdays.
-Declarations that I was being “done a favor” that all I had to pay for what the boot removal fee.
-No other options giving me to have the boot removed from my car other than to pay then 80 dollars in cash.
-Statements by the towing company that they don’t give warnings any more.

The purpose of this letter is two-fold:

1. Seeing that the tow company operated under edict from the Home Owner’s Association is becomes necessary for me to require of the Association that the money that I paid in having the boot removed be reimbursed to me (a copy of the receipt is included with this letter). As per Section 5.2; being that my car was in plain view the entire time, even if it was on the street for longer than 5 minutes it was a first offense; and as per Section 8.1.1. I received no warning for the infraction. If I had been asked to move my car, I would have; but I was not given that chance. Because of that, reimbursement is required for this breach of the association rules.

2.The agreement with the HOA and the towing company needs to reflect an overall sense of fairness for the owners in this community. It is for looking out for the property of the home owners and NOT to be used as a racketeering scheme by either the HOA or the towing company. It has become clear by this situation that there is a disconnect between what is fair for the home owners and what the Association allows by the third parties it contracts with. Because of its heated nature, the experience that I had with the tow truck operator was witnessed by many of the owners on Sage Flats Way. In speaking with many of them after the situation was over it was echoed by them that it was clearly unfair/unjust what had just happened and that the quality of the individual that worked for the towing company was one of little professionalism or hygiene. It becomes necessary to have the Association change the company that monitors our streets on our behalf to a more reputable company where the owners are not berated and verbally assaulted for merely trying to exercise their rights given to us by the Association.

I trust that these concerns will be addressed. It is acceptable to have the reimbursement for the boot removal to appear as a credit on our HOA invoice that we receive monthly. For any further information, please feel free to call XXX-XXX-XXXX or email
bxxxx@exxxxxnlenxxng.com.

Regards,

Bryce Prescott



Wow...What a day...



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