2006 HOA & CONDO Towing Laws

TOWING LAWS TOUGHENED

in

Homeowner and Condominium Associations

Prince George’s County Maryland

LETTER OF LAW

October 6, 2006

Responding to complaints from consumers about “predatory towing”, the Prince George’s County Council has made it more challenging for automobiles to be towed, even from private property such as condominiums and homeowners associations.

By a vote of 8-1, the County Council passed “County Bill 41-2005″ (“CB-41-2005″), proposed by Councilwoman Camille A. Exum (D-Dist 7) of Capital Hill, that requires towing companies to carry more insurance, prohibits towing companies from storing vehicles more than fifteen (15) miles from where it was towed or outside Prince George’s County without the owner’s or operator’s consent. The new law was signed on November 22, 2005. Some specific changes include:

Before towing a car from private property, the towing company would have to present a “tow slip” approved by the County Police Chief, to the property owner or property owner’s agent. The property owner then must sign the slip before it can be affixed to the vehicle. In the case of a condominium or homeowners association, this means that someone from the Board or the management agent would need to be physically present in order to authorize the tow.
Tow companies would be required to have at least $5,000 insurance per vehicle covering damage during tows and at least $100,000 in liability insurance per person.
Need tow slip if vehicle is towed during the hours of 4:00 PM and midnight;
Limits the cost of a tow not to exceed $100.00 for any vehicle up to 10,000 pounds;
Allows payment by credit or debit cards when picking up a towed vehicle
Vehicles cannot be “booted”

From the site of: ELMORE & THROOP, P.C. by Kathleen M. Elmore, Managing Partner

Note To Citizens Against Aggressive and Illegal Predatory Towing:

Despite these new laws from 2006 and the latest wording of them, today in 2017 predatory towing continues throughout Prince George’s County in association communities.

Montgomery County

In 2015; Montgomery County made both parties (the association and the contracted towing company) liable in cases of illegal towing including damages. This is one way to quell this kind of criminal behavior.

STOC Suggested Compensation for Illegal Tows in PG County Maryland

Each party needs to take responsibility for an illegal tow. Current law states: “A person who violates this Section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both.”

Since illegal towing continues in this county; more needs to be done to combat this kind of criminal activity.

Meanwhile, the victim is left helpless. A complimentary refund of the towing fee does not admit guilt, nor does it show remorse for stealing property, inconveniencing a resident, attaching a lien on said property for cost of the tow and storage. A settlement of $1500 would be fair compensation, in lieu of a refund.