Can Your Vehicle Be Towed From The Homeowners Association?

Posted on May 2, 2019 8:00 AM by HOA Sites
Categories: HOA Website
Most HOA’s post the parking rules on the neighborhood website to ensure all residents and visitors are aware so they don’t unknowingly violate the rules.  For one reason or another, some people still break the rules even though several warnings have been issued.  Is it possible to wake up one day and find out that your car was towed?  Below is the interesting truth you should know about your vehicle and parking in the HOA community.
Towing Is Definitely Possible

Changes in vehicle code now allow HOA’s to tow but only when one or more of the following conditions are met.  First, if there are appropriate signs from a towing agency where parking is not allowed.  Secondly, if a parking offense notice has been issued to the car owner and 4 days have passed without any action taken by the owner.

Lastly, the vehicle isn’t roadworthy and the relevant authorities have been contacted.  As stated earlier, the towing companies that management uses to remove the vehicles must be on the towing signs that are displayed around the HOA.  Management also has to be in a written agreement with the company before they are allowed to operate in the community.
Proper Process

When the parking violation has satisfied the conditions for towing as the vehicle code dictates, there’s a proper process to be followed.  The association needs to provide the towing company with a signed authorization to remove the vehicle.  A member of the association must be present at the time of the towing and the request has to contain the details of the car, as well as those of the person who authorized the removal.

Note that there are exceptions to these conditions.  For instance, when the car is parked in a fire lane, the HOA is allowed to have the vehicle towed immediately without following the proper process.  Towing is absolutely legal, even in an HOA community.  However, it is the obligation of the HOA to use all means necessary, including the neighborhood website, to inform members about the parking rules.
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