The HOA Towed My Car

The HOA Towed My Car and am NOT happy...

What authority does your HOA have to tow a vehicle? The authority of a Homeowners Association (HOA) / Condo to tow vehicles is typically derived from various sources, including state laws, local ordinances, and the governing documents of the HOA itself, such as the CC&Rs (Covenants, Conditions, and Restrictions). These documents outline the rights and responsibilities of both the HOA and the homeowners, including the rules regarding parking and the enforcement mechanisms available to the HOA.

Generally, an HOA is granted the power to regulate common areas and enforce rules that promote the safety and aesthetics of the community. This often includes establishing parking regulations to prevent issues such as overcrowding, blocked access to emergency services, and unsightly or abandoned vehicles that may detract from the neighborhood's appearance. To exercise its authority effectively, the HOA must ensure that its towing policies are clearly articulated in its governing documents and that homeowners are adequately informed about these policies.

In many cases, state laws provide specific guidelines that HOAs must follow when towing vehicles. These laws often require the HOA to provide proper signage that clearly indicates parking rules and towing policies. Additionally, there may be stipulations regarding the notification process that must be followed before a vehicle can be towed, including attempts to contact the vehicle owner or providing a grace period for compliance with parking regulations.

Furthermore, the HOA's authority to tow is usually limited to certain circumstances. For instance, a vehicle may be towed if it is parked in a designated no-parking zone, if it is blocking another vehicle or access point, or if it is deemed abandoned or inoperable. The specific criteria for towing can vary widely among different HOAs, making it essential for homeowners to familiarize themselves with their community's rules.

It is also important to note that homeowners may have recourse if they believe their vehicle was towed unfairly. Most states have laws that protect vehicle owners from wrongful towing, which may include the right to appeal the towing decision or seek compensation for any damages incurred. Therefore, understanding the scope of the HOA's authority, as well as the rights of vehicle owners, is crucial for maintaining a harmonious community environment.

In summary, the authority of your HOA to tow a vehicle is contingent upon a combination of its governing documents, applicable state laws, and local regulations. Homeowners should take the time to review these resources to fully understand the rules surrounding vehicle towing in their community and to ensure that their rights are protected.

Well, as many topics dealing with community associations, it can be complicated. Towing a vehicle can be a very big deal. Many times, a vehicle owner will get extremely angry at having their car towed. Each association is different but generally, most are very careful when citing and possibly towing a car.

In my opinion, and I am NOT an attorney, here are some things to consider for your community if "towing" is to be considered:

1- Check that the governing documents allow for towing or makign rules for towing.

2- Check to see if you need to generate a formal towing resolution.

3- Check your rules for details that would be considered a violation warranting a tow. Update your parking rules as needed.

4- Run the policies and procedures by the association's legal counsel.

5- Make sure there is a proper towing contract with a licensed and reputable towing company.

6- Document and take pictures of violations for vehicles cited to be towed.

Need more help?

Get the BOOK with steps you need to begin fixing the issues at your Community.

Find it here on Amazon: https://a.co/d/bstVOrv

Title: HOA Steps to Preventing Theft, Embezzlement, and Fraud: Tackling the National Financial Criminal Crisis in Condominiums and HOAs