Homestead community has car-towing issues

A homeowner's association towed a renter's car because the owner of his town house owes the association money.

                               

Article Courtesy of The Miami Herald

By JONATHAN DAVILA

Published January 4, 2010

About a week before Christmas, Victor Sepulveda, 37, woke up shortly after 3:15 a.m. to find that his car had just been towed from the front of his rented Palm Breeze home at Keys Gate in Homestead.

It was on a Friday and Sepulveda, a single father of two, had just a few hours before his kids needed to be at school.

About an hour and $104 later, Sepulveda had his car back and was able to take his children to school.

The tow truck company, VIP Towing, warned him that the vehicle would be towed every day going forward -- unless he obtained a decal from theKeys Gate Homeowner's Association.

Indeed, the whole ordeal could have been avoided if Sepulveda had a Palm Breeze parking decal.

But the Keys Gate Homeowner's Association won't let him have one.

The reason: The association said the owner of Sepulveda's home owes money.

So he wrote a letter to the association's board of directors. He hasn't gotten a response yet.

``I truly feel that the actions of this association are unjust,'' Sepulveda said.

``I have paid my rent each month to the owner of this property. There are other courses this association can take to collect on a debt.''

His landlord, Jorge Perera, declined to comment Thursday.

Victor Sepulveda, 37, of Homestead has a problem with his car being towed from the front of his Keys Gate home. The problem is that his home's owner owes Keys Gate Homeowner’s Association money so the association won’t let Sepulveda have a decal that would prevent his car from getting towed.

Sepulveda has since decided to move out while Perera and the association settle their money issues.

Asuncion Jaramillo, 31, the neighbor who woke Sepulveda to tell him his car was getting towed, has also decided to move out with his wife and five children.

He said one of his vehicles was towed from his home for the same reason -- exactly a week before Sepulveda's towing.

Both families were given a two-week temporary parking pass so they could have some time to move out.

But the passes recently expired.

"Now we've got to stay on the lookout for a tow truck,'' Jaramillo said.

Several other residents of the community are having the same problem, according to Sepulveda and Jaramillo.

The Miami Herald contacted Keys Gate Homeowner's Association but was told to speak with Palm Breeze's property manager, Brooke Ruzzante.

Ruzzante did not return several phone calls, voice messages and messages left with a receptionist seeking comment.

She did respond to an e-mail, writing "Management follows the procedures set forth in the Association Documents.''

Jesus Coronel, one of the owners of VIP Towing that was contracted to tow vehicles out of the community, said his company does not keep a record of the amount of vehicles towed from a specific community.

But he said the number of cars towed from Palm Breeze "is not out of the ordinary.''

The issue of property owners not paying their association fees isn't a new one -- especially with the foreclosure crisis.

In November 2008, the Kendall Federation of Homeowner Associations reported a loss of $30,000 to $40,000 for the previous two months.

"Foreclosures have had a devastating effect on HOAs,'' State Rep. Julio Robaina said at the federation's meeting in November 2008.

He said that 40 percent of the state's HOAs were in financial hardship at the time.

More than a year later, Sepulveda knows that HOAs are still suffering, but he feels he was treated unfairly.

"I don't see how it's beneficial to anyone,'' he said.

"It's unbelievable.''

Homestead's acting city manager, Sergio Purriños, said his office has not received any complaints about towing at Palm Breeze, but said his "door is open.''

"Very seldom will we get involved, but if we do get involved, we'll try to act as mediators the best as possible,'' he said.

 

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