Posted on Jan 20, 2015
Vehicle towed and sold while on deployment; is the home owners association responsible since they called the tow company?
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http://www.military1.com/army/article/564310-army-reservist-returns-from-africa-duty-to-find-classic-car-towed-sold
By Brittany Wallman
Sun Sentinel
BROWARD COUNTY, Fla. — When Alexzandria Kelly departed for active military duty in the Horn of Africa last year, she left her "pet" at home: A 1972 AMC Gremlin, a classic car her father bequeathed her when he died.
The Gremlin was in running condition, carried the proper license plate and vehicle registration, and bore the neighborhood association resident parking sticker. It was resting in a guest parking spot.
Then one day it disappeared.
While U.S. Army Reserve Lt. Col. Kelly was deployed on the Somali peninsula as a military police officer, the Gremlin's tires had slowly deflated.
And on March 27 last year, the parking monitors for the homeowners association at Kelly's Margate townhouse complex noticed the flat tires. They called in the tow trucks. West Way Towing hooked it and hauled it off.
By the time Kelly returned in August to resume life in Broward County, West Way had sold her Gremlin at auction as junk, for $525.
Kelly was "in utter shock," her federal lawsuit says. She's suing West Way, alleging the company didn't abide by federal law protecting on-duty military members from, among other things, losing their cars or homes while they're serving the country.
The Service Members Civil Relief Act requires a court order to enforce a lien on service members during active duty and for 90 days after, her attorney, Robert Murphy, said in his suit.
Kelly, a nurse, has served as a reserve officer for 26 years, repeatedly called into duty in Afghanistan and most recently Africa.
She's seeking unspecified damages for "mental pain and shock, suffering, aggravation, humiliation and embarrassment together with the loss of the Gremlin," the lawsuit says.
West Way owner Craig Goldstein said he feels "horrible about what happened." He called Kelly's attorney and offered to turn over the $525, but Murphy made it clear that wouldn't settle it. Kelly wants a jury trial.
Goldstein said he's a military supporter who spent $10,000 painting "Salute Our Troops" onto a tow truck, and never charges service members for tows.
"I am talking from my heart," said Goldstein, "... I would never take a dollar from them. They're giving us our freedom."
He said he knew nothing about the federal law and didn't check a U.S. Department of Defense database before selling the car at auction. But he wishes he had.
"My heart feels for her," Goldstein said. "Believe me. ... We did not know who she was."
Kelly's lawsuit says she informed the Townhomes of Oriole Homeowners Association, managed by Ambassador Community Management, that she would be away for several months. She asked that her mail be sent to a post office box so she would receive it, but mail regarding the tow liens was sent to her townhouse instead. The association and management company are not being sued.
Murphy acknowledged that even a brand new Gremlin "was not a beautiful car." Still, he said "there's a huge market for them" by collectors.
This one had sentimental value, too.
The car had been in her family for decades, the lawsuit says, "and was a tangible link to her late father, a decorated Korean War veteran." And she regularly referred to it in conversation as her "pet," the lawsuit says.
Murphy, a U.S. Army veteran and commercial litigator, said in cities with military bases, like Jacksonville or Pensacola, business owners are more cognizant of the federal law protecting on-duty personnel.
But tow companies here may be unaware of it.
"This is not the only case that's been filed against a towing company in the country," Murphy said, "and they don't do the minimum that's required, which is basically ask for information from the military."
Copyright 2015 the Sun Sentinel
By Brittany Wallman
Sun Sentinel
BROWARD COUNTY, Fla. — When Alexzandria Kelly departed for active military duty in the Horn of Africa last year, she left her "pet" at home: A 1972 AMC Gremlin, a classic car her father bequeathed her when he died.
The Gremlin was in running condition, carried the proper license plate and vehicle registration, and bore the neighborhood association resident parking sticker. It was resting in a guest parking spot.
Then one day it disappeared.
While U.S. Army Reserve Lt. Col. Kelly was deployed on the Somali peninsula as a military police officer, the Gremlin's tires had slowly deflated.
And on March 27 last year, the parking monitors for the homeowners association at Kelly's Margate townhouse complex noticed the flat tires. They called in the tow trucks. West Way Towing hooked it and hauled it off.
By the time Kelly returned in August to resume life in Broward County, West Way had sold her Gremlin at auction as junk, for $525.
Kelly was "in utter shock," her federal lawsuit says. She's suing West Way, alleging the company didn't abide by federal law protecting on-duty military members from, among other things, losing their cars or homes while they're serving the country.
The Service Members Civil Relief Act requires a court order to enforce a lien on service members during active duty and for 90 days after, her attorney, Robert Murphy, said in his suit.
Kelly, a nurse, has served as a reserve officer for 26 years, repeatedly called into duty in Afghanistan and most recently Africa.
She's seeking unspecified damages for "mental pain and shock, suffering, aggravation, humiliation and embarrassment together with the loss of the Gremlin," the lawsuit says.
West Way owner Craig Goldstein said he feels "horrible about what happened." He called Kelly's attorney and offered to turn over the $525, but Murphy made it clear that wouldn't settle it. Kelly wants a jury trial.
Goldstein said he's a military supporter who spent $10,000 painting "Salute Our Troops" onto a tow truck, and never charges service members for tows.
"I am talking from my heart," said Goldstein, "... I would never take a dollar from them. They're giving us our freedom."
He said he knew nothing about the federal law and didn't check a U.S. Department of Defense database before selling the car at auction. But he wishes he had.
"My heart feels for her," Goldstein said. "Believe me. ... We did not know who she was."
Kelly's lawsuit says she informed the Townhomes of Oriole Homeowners Association, managed by Ambassador Community Management, that she would be away for several months. She asked that her mail be sent to a post office box so she would receive it, but mail regarding the tow liens was sent to her townhouse instead. The association and management company are not being sued.
Murphy acknowledged that even a brand new Gremlin "was not a beautiful car." Still, he said "there's a huge market for them" by collectors.
This one had sentimental value, too.
The car had been in her family for decades, the lawsuit says, "and was a tangible link to her late father, a decorated Korean War veteran." And she regularly referred to it in conversation as her "pet," the lawsuit says.
Murphy, a U.S. Army veteran and commercial litigator, said in cities with military bases, like Jacksonville or Pensacola, business owners are more cognizant of the federal law protecting on-duty personnel.
But tow companies here may be unaware of it.
"This is not the only case that's been filed against a towing company in the country," Murphy said, "and they don't do the minimum that's required, which is basically ask for information from the military."
Copyright 2015 the Sun Sentinel
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Posted 10 y ago
Responses: 11
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Most unfortunate, but as I read it, LTC Kelly is suing the towing company? I do think the homeowner's association that called the towing company might be responsible, but Kelly is not suing the homeowner's association. I think she's aiming at the wrong target. I feel for her, but I'd be surprised if she wins this lawsuit against the towing company.
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PO3 (Join to see)
I completely agree. The tow company didn't do their due diligence, but the HOA KNEW who she was. The tow company bears SOME responsibility, but the HOA should be named in the suit as well.
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COL Jean (John) F. B.
I am not an attorney, so I certainly won't pretend to know the legalities involved, however, I agree with Capt Prickett (whom, I believe, is an attorney) that the correct party to go after is the towing company. The HOA simply had the car towed. The towing company sold it at auction. Having said that, I believe that the smartest thing to do would be to probably sue both, as they are both parties to the situation.
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Lt Col (Join to see)
My guess is that she should be suing the tow company for selling the car without the appropriate permissions/paperwork. Then the towing company, if they so desire, can sue the HOA for putting them in that position.
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COL Ted Mc
CW5 (Join to see) Mr. Montgomery; Assuming that the towing company hires a lawyer of even minimal competence, they are going to advance the defence of "Agency" and "Third Party" the HOA into the lawsuit.
Since the "Agent" appears to have been acting in its normal course of business and in accordance with the instructions of the "Principal" the WORST that going to happen is that the HOA is going to be found liable for the actions of its agent (where such actions were improper).
Since the HOA appears to have been acting within the scope of the published bylaws, then the HOA isn't likely to take the hit either.
Having owned a Gremlin once I can feel the Colonel's pain. However, there are times when just being totally cheap (parking in a guest parking space rather than putting a vehicle in storage) means you get bit on the butt.
Since the "Agent" appears to have been acting in its normal course of business and in accordance with the instructions of the "Principal" the WORST that going to happen is that the HOA is going to be found liable for the actions of its agent (where such actions were improper).
Since the HOA appears to have been acting within the scope of the published bylaws, then the HOA isn't likely to take the hit either.
Having owned a Gremlin once I can feel the Colonel's pain. However, there are times when just being totally cheap (parking in a guest parking space rather than putting a vehicle in storage) means you get bit on the butt.
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You don't leave cars parked in guest parking spots for a year. What ever happened to common sense? Take your vehicles to someone's private property or pay for inexpensive extended storage. It is a shame that this happened but did they at least go to the HOA or property manager and explain that they are deploying and here are my keys? Don't try to tug on my heart strings because someone is deployed and makes poor decisions, especially a field grade officer.
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This is definitely an unfortunate case for sure but I do not think the Soldier, I highly educated individual ensured that everything was in place.
Why was it in a guest spot? If I valued the vehicle that much I would have ensured that it was in a safe place. I would have also done as SSgt Alexander Ingram, stated and got something on the HOA Letterhead stating that the vehicle was authorized to be there and any questions should be brought to the HOA President.
Now, another issue here is that there seems to be a case of "Perceived Power", who are these "parking monitors" and who empowers them? The Association and therefore the the authority has been delegated but the RESPONSIBILITY still rests on the HOA!
Picking on the small business owner towing company is unjust. Going after an easy target is Cowardice. It seems as though he tried to make amends for the misunderstanding.
The article states that LTC Kelly is a nurse which is a very loose term; but achieving the rank of LTC in the Military takes education which would suggest that she is at minimum an RN and making a decent salary commensurate with experience and location in Florida. I know as my wife is a Nurse and finishing her Masters and makes more than me (We are both Florida residents). Therefore it is reasonable to think that LTC Kelly could have afforded a storage unit and been reimbursed upon return. The Military does pay for temporary storage.
I just feel that if the vehicle meant that much to her she would have taken better care of it. That would be my take.
It is unfortunate but don't go after the little guy because you fear your own HOA.
Why was it in a guest spot? If I valued the vehicle that much I would have ensured that it was in a safe place. I would have also done as SSgt Alexander Ingram, stated and got something on the HOA Letterhead stating that the vehicle was authorized to be there and any questions should be brought to the HOA President.
Now, another issue here is that there seems to be a case of "Perceived Power", who are these "parking monitors" and who empowers them? The Association and therefore the the authority has been delegated but the RESPONSIBILITY still rests on the HOA!
Picking on the small business owner towing company is unjust. Going after an easy target is Cowardice. It seems as though he tried to make amends for the misunderstanding.
The article states that LTC Kelly is a nurse which is a very loose term; but achieving the rank of LTC in the Military takes education which would suggest that she is at minimum an RN and making a decent salary commensurate with experience and location in Florida. I know as my wife is a Nurse and finishing her Masters and makes more than me (We are both Florida residents). Therefore it is reasonable to think that LTC Kelly could have afforded a storage unit and been reimbursed upon return. The Military does pay for temporary storage.
I just feel that if the vehicle meant that much to her she would have taken better care of it. That would be my take.
It is unfortunate but don't go after the little guy because you fear your own HOA.
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