By Michael DeSantis, Attorney
 Gardi & Haught, Ltd.
  Schaumburg, IL

All homeowners in our townhouse complex have either a 1 or 2 car garage.  In addition there is street parking and 2 small parking lots.

One homeowner is renting his unit and moved elsewhere approximately 2 years ago, but left a car parked in one of the lots.  He claimed that he intended to fix up the car for sale.  It has expired license plates and city sticker (which certainly means it is not insured), and flat tires.  Neighbors have complained that this not only occupies a parking space, but is an eyesore.  The car appears to be unlocked, potentially inviting homeless occupancy or children to play inside.

We have requested the homeowner to remove this vehicle, but he refused and claimed that his rights would be violated if we had it towed.  I'm not sure what rights he has to leave an abandoned vehicle on our property. What options does the Board have?

                The authority to tow a homeowner’s vehicle must come from the association’s declaration and covenants, bylaws, or the associations’ rules and regulations. Many condominium associations’ governing documents provide board members the express authority to tow vehicles from the common elements for any number of reasons: violation of parking restrictions, expired tags, the blocking of fire lanes, an inability to operate, etc. However, in the event an association’s governing documents do not expressly provide a board the authority to tow a problem vehicle, a board can establish an express rule via its power to promulgate reasonable rules provided by the association’s declarations.

When purchasing a condominium unit, homeowners agree to comply with the association’s governing documents. In this case, if your association’s governing documents do not provide you the explicit authority to remove the vehicle, the board may want to pass a rule prohibiting the parking of unregistered or inoperable vehicles from parking in the parking lot. Because homeowners agree to comply with association rules when one purchases a condominium, the association will not violate the homeowner’s rights once you’ve given him or her proper notice that the vehicle will be towed.

It’s a good idea to also establish a notice requirement for the association, so that homeowner’s are given an opportunity to make arrangements to remove a vehicle and avoid sanctions. This will have the secondary effect of ensuring the association provides for a period of due process, so as to not run afoul of the rights afforded homeowners in the declaration or bylaws. Of course, this notice requirement may not be necessary when a vehicle needs to be moved on an emergency basis.