Lawful use of force to prevent towing of vehicle

[BigDawg]

I have some friends who are curious about using force to prevent a vehicle from being towed. They live in a home association where they are prohibited from keeping a motorhome in their driveway for more than 3 days. In the past they went to 4 days and the president of the association threatened to have the motorhome towed off their driveway.

Is that legal?

If so do my friends have any options to physically prevent a tow truck operator from coming onto their driveway and towing the motorhome away?

[AHelm3]

My advice to them would be to move to a place without an HOA.

[tl_3237]

I have some friends who are curious about using force to prevent a vehicle from being towed. They live in a home association where they are prohibited from keeping a motorhome in their driveway for more than 3 days. In the past they went to 4 days and the president of the association threatened to have the motorhome towed off their driveway.

Is that legal?

If so do my friends have any options to physically prevent a tow truck operator from coming onto their driveway and towing the motorhome away?

What do the rules, which your friends agreed to, say about the situation? Do they prescribe a fine, towing, or fines and towing?? Under Pa's Title 68 Subsection D, the executive board of a homeowner's association does have certain rights to enforce compliance with the association's rules and regulations.

[abner13]

They agreed to abide by the laws of the assoc. , violated them , and want to use deadly force , risking jail and losing their home , to keep a motorhome from being towed?

[Cyclops]

I am not a lawyer but it seem to me that the legality would depend to some extent (possible a large extent) on the agreement between your friends and the home association. If there is a 3 day rule and it has been agreed to then the friends are violating that provision. The question that goes unanswered is under the agreement what remedies can the association rely upon when the rule is broken. We don't know that so maybe the association can have the vehicle towed or maybe not.

The issue of the use of force is way beyond my pay grade. As far as I know you can use force to protect your property if it is unlawfully being taken. Once again without knowing the rights of the home association who knows if towing the vehicle is unlawful or not. Regardless, it seems to me that using force would be very risky for your friends under the circumstances. They ought to consult an attorney for proper advice on both points.

[BigDawg]

I will have to have them check the deed to se what the consequences are.
If it says outright that the motorhome can be towed then they are out of luck. If it prescribes other consequences first such as fines, I would suspect that they must be levied first before being towed.

If there are no such consequences in the deed, I believe that towing would be unlawful.

An unlawful towing is theft.

Is it legal in PA to use force to prevent theft?

[tl_3237]

18 Pa CS 507 deals with the issue of force in protection of property - link

The use of force should be the absolute minimum to prevent the transgression and is subject to an after-the-fact determination of propriety by a finder-of-fact in any ensuing judicial actions.

[abner13]

Don't know of too many tow truck operators or repo men that will argue with someone holding a firearm over a simple tow call. They will leave , call the police , and what happens , happens.

[BigDawg]

18 Pa CS 507 deals with the issue of force in protection of property - link

The use of force should be the absolute minimum to prevent the transgression and is subject to an after-the-fact determination of propriety by a finder-of-fact in any ensuing judicial actions.

They are not hankering for a fight.
The may just block the driveway and stand in front of the motorhome to prevent the tow truck operator from having access.
The know that tow truck operators carry guns they they want to protect themselves in the event that the operator points a gun at them and demands they go inside.
That is lethal force on the part of the tow truck operator and may be countered by equal force.

[NathanB]

Does it say no motor home in the driveway specifically? I'd park it in the fucking grass and tell them to kiss my balls