Vehicle towed and sold while on deployment; is the home owners association responsible since they called the tow company?

CPT Arch Nissel — Tue, 20 Jan 2015 19:22:00 -0500

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

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

Response by CW5 Private RallyPoint Member made Jan 20 at 2015 7:37 PM

CW5 Private RallyPoint Member — Tue, 20 Jan 2015 19:37:42 -0500

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.

Response by Sgt Packy Flickinger made Jan 20 at 2015 11:58 PM

Sgt Packy Flickinger — Tue, 20 Jan 2015 23:58:43 -0500

My car was stored in a prepaid storage facility while I was deployed. Tires were inflated 10 over max to account for deflation and the battery was disconnected.
I didn't want something like this to happen.

Response by SSgt Private RallyPoint Member made Jan 21 at 2015 12:04 AM

SSgt Private RallyPoint Member — Wed, 21 Jan 2015 00:04:09 -0500

And give her her damned car back. What is wrong with these Home Owner Associations? Reminds me of X-Files episode where people who did not comply got a visit from a monster who kills them. Keep your mailbox painted the right color or some grousing old man with nothing better to do screws Military.

Response by SSG Private RallyPoint Member made Jan 21 at 2015 12:05 AM

SSG Private RallyPoint Member — Wed, 21 Jan 2015 00:05:22 -0500

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.

Response by SFC Mark Merino made Jan 21 at 2015 11:53 AM

SFC Mark Merino — Wed, 21 Jan 2015 11:53:18 -0500

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.

Response by SFC Private RallyPoint Member made Jan 21 at 2015 2:10 PM

SFC Private RallyPoint Member — Wed, 21 Jan 2015 14:10:00 -0500

She is at fault for parking in a guest spot. She should have a spot for her car through the HOA. I am sure the policy she signed said who can use the guest spot and for how long.

The HOA is at fault for not contacting her and informing her of the situation. Normally you have contact information of the kin just in case something happens. If she didn't have it listed, and the HOA tried to contact her... again her fault.

Tow company was called by HOA because she left her car unintended. Again her fault.

I ask, how does a Lt. Col. not have common sense to plan prior to deployment.... so in summary, her fault.

Response by PO1 Donald Hammond made Jan 21 at 2015 3:20 PM

PO1 Donald Hammond — Wed, 21 Jan 2015 15:20:11 -0500

I guess getting it towed is not the issue here. Having it sold is the issue. Of course I look at what used to be done when we would deploy. Cars would be put in storage. The association should be held partly responsible tho. They should have told her she couldn't part there for that long. Of course if it was a case of flat tires, they could have inflated them for her. HOA are pieces of bleeeeeeep and should be made illegal.

Now if she wins the towing company should recover the car for her. The person who has it basically is in possession of stolen property. They should have to return it and get their money back from the tow company.

Response by SPC William Weedman made Apr 23 at 2015 2:24 AM

SPC William Weedman — Thu, 23 Apr 2015 02:24:34 -0400

She absolutely needs to get JAG involved in this and go after the homeowners association. The tow company is strictly a middleman, they were hired to tow a car and they did it, mailed notices to the only address they had, probably from the DMV, with no response they sold it to whoever was interested. The HOA is responsible for this whole thing starting. My only question was why was it in a guest spot instead of her assigned spot & usually Army units provide a space for POVs in the motor pool. I remember that from deployments from Fort Hood during Desert Shield/Storm, even the Reservists were allowed to place POVs there, it was odd seeing a motor pool full of POVs, most with weather covers.

Response by MSgt Private RallyPoint Member made May 13 at 2018 1:42 PM

MSgt Private RallyPoint Member — Sun, 13 May 2018 13:42:01 -0400

duplicate post, sorry

Response by MSgt Private RallyPoint Member made May 13 at 2018 1:49 PM

MSgt Private RallyPoint Member — Sun, 13 May 2018 13:49:43 -0400

This is NOT on the service member, let's not blame the victim here. I don't understand why people here are holding towing company harmless. The "I didn't know" defense does not stand here. Ignorance of the law is not an excuse and if you run a towing company, you better get acquainted with all the laws that govern your business. The SCRA is clear on this topic. If they suspect it's a military member's vehicle (i.e., from stickers or other clues), they are compelled to check with the member's status against the DOD's database and observe the protections listed under the SCRA. It's simple; they can even do it online free of charge at https://scra.dmdc.osd.mil/scra/#/home. At a minimum, the company should have asked the HOA if it was a service member's vehicle, to which they would have received a reply of yes. They need to learn that towing and selling a vehicle with no questions asked is inappropriate and can lead federal misdemeanor charges on top of civil liabilities.

Furthermore, many tow companies have used similar "no questions asked" approach in an attempt to mitigate liability while intentionally defrauding military members through aggressively towing and selling of cars. It didn't fly then and it won't fly now. See the case of US v. Aristocrat Towing case that took place in Virginia.

JBWEB000065: HTTP Status 404 - /scra/%23/home.

Response by SGM Bill Frazer made May 13 at 2018 7:09 PM

SGM Bill Frazer — Sun, 13 May 2018 19:09:35 -0400

Did the SM notify the HOA in writing? Did the SM make arrangement for the vehicle to be watched, started periodically, and or even driven around the block? Sounds like he needs a lawyer if he did these things.