You live in an apartment complex and wake up one morning to go to work or school only to discover your vehicle missing. The first thought is your vehicle has been stolen only to learn it was towed away during the early morning hours.
Upon learning your vehicle was towed, contact by smartphone (w/Automatic Call Recorder App) or go see the property manager, but don’t be surprised to be told they have nothing to do with it and take it up with the tow company.
When your property manager tells you the above, it’s a clear sign they are getting kickbacks from their tow company, in the form of money, gift cards, parking permits, warning stickers, parking lot restriping and free towing for property management employees.
You never want to confront a property manager in person unless you RECORD that conversation. because in every case we have sued the property management, they lied under oath seeking to place the blame on the tow company, when in fact the property manager gave written authorization via a contractual agreement that allows the tow company to roam the parking lot enforcing parking violations.
The primary reason you want to record the property manager and any of their employees after being towed is because they LIE in fear losing their financial incentive for choosing a tow company that lines their pockets with money you just paid the tow company.
Vehicle owners and operators are encouraged to file criminal charges against the property manager or whoever authorized the tow for allowing your vehicle to be towed without probable cause. State Law allows criminal charges to be filed.
Responsibilities of apartment managers reference towing:
1. The property manager is required to notify a vehicle owner by certified mail allowing ten (10) days prior to towing for expired inspection/registration stickers. If the tow company mails this certified letter for the apartment complex or if the tow company places the orange warning sticker (tow company name on sticker), your property manager is accepting financial kickbacks from the tow company!
2. The property manager is required by State Law to provide written notice to the tow company that their maintenance staff installed the red and white tow sign.
3. The property manager is prohibited by State Law from accepting “anything” of value from the tow company. This includes fountain pens, mouse pads, calendars, parking permits, warning stickers, roadside assistance at reduced rates, poles and mounting hardware for the tow signs that can’t be posted any farther than 25′ from a public street, parking lot striping, fire lane or restricted parking space markings (stencil), funds for employee parties, etc, parking regulation letters to be sent to resident when a tow company is hired.
Therefore, going forward understanding your property manager is prohibited from receiving kickbacks and anything other than the tow sign having the name of the tow company on it, rather it be parking permits, warning stickers, etc, exercise your rights allotted to a vehicle owner or operator by taking them to Court every time your vehicle is towed regardless the reason by filing a Small Claims Court Statutory Violation Lawsuit against the property management company and landowner leaving the tow company out.
Just don’t forget to file the TDLR complaints against the tow company license and the tow truck operator license for unauthorized towing due to kickbacks as TDLR is ordering tow companies to reimburse vehicle owners and operators when violations are documented.
Property Managers know they can’t accept KICKBACKS as a majority of them are members of the Texas Apartment Association which provides a “TAA REDBOOK” that tells them exactly what they can and can’t do reference towing.