I have an LLC that owns a townhome that has an HOA in Hillsborough County Florida. One of the board members ordered a towing company to tow my tenant’s vehicle. The board member told me that he ordered the vehicle towed because he suspected that the tenant did not have the vehicle insured.

My tenant’s vehicle was a typical vehicle (a Jeep Cherokee) with a valid tag that was parked legally. I don’t even know if the vehicle is insured as that is irrelevant. None of the parking spaces in the parking lot are marked or labeled. There is no signage that indicates that, if the HOA or an HOA board member “suspects” a vehicle is not properly insured, that the vehicle will be towed. There is nothing in the bylaws (I read the bylaws) that states that each resident and/or tenant must provide the HOA board or its members proof of insurance or their vehicle can be towed.

The real reason this board member had my tenant’s vehicle towed is because he doesn’t like tenants. That is irrelevant, but, in case you’re wondering the real reason, there you have it.

There is a clause in the bylaws that states that, “unless a board member acts in maficious manner”, then cannot be held liable for their actions in the performance of their duties. This board member did act maliciously out of his personal dislike for the fact that a tenant lives near him.

I would like to sue the board member, personally, in small claims court as opposed to suing the homeowner’s association. Is that going to be possible or do I need to sue the homeowner’s association (I do realize that the Tenant will be the plaintiff in the case....I will represent my Tenant)?

You certainly can sue them. It will be up to the court to decide the outcome. You cannot represent the landlord unless you are an attorney. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

Sorry if I was not specific enough.

I am the Landlord.
My Tenant is the victim (ie he is the one who's vehicle was towed).
An HOA board member ordered my Tenant's vehicle towed.
I would like my Tenant to sue the board member personally as opposed to the HOA.

My question is.... Can the Tenant sue the board member, personally, in small claims court with me as legal counsel ---OR--- should the Tenant sue the HOA?

Thanks

I would probably do both.

If the Tenant does sue with me acting as representation for the Tenant, can a single lawsuit name 2 parties as defendants (ie the board member and the HOA) or do 2 separate lawsuits need to be filed; one against the board member and the 2nd against the HOA?

Thanks,

Every court is different. You will need to check out the rules of civil procedure for the court you are filing in.