HOA Towing: Can You Tow? Should You Tow?

Parking enforcement by any HOA can be an especially frustrating issue for both board members and homeowners because it concerns one of the most valuable items in any homeowner’s possession: their vehicle. Towing is a hot-button issue for most, so if your HOA’s governing documents stipulate that towing is allowed, just what should your HOA consider?

To Tow or Not to Tow?

Does your situation allow for towing? As mentioned above, if your documents don’t permit for towing, then you can stop reading now. Other community-specific information may also prevent towing; for instance, public vs. private streets or local regulations. Your HOA management company may also have requirements on which aspects of enforcements they will provide, so it’s best to check with them first or give us a call and we’ll let you know how we would be able to assist.

Legalities

Typically, a towing policy must comply with local laws, provide owners proper notice, and offer a chance to cure parking problems before vehicles get hauled away. More than likely, your state has laws that dictate towing in the community. Be sure you know the laws before you implement any policy! Don’t forget to check with local government, which can also regulate towing policies. It’s also wise to investigate local towing companies and choose a towing company that is knowledgeable of all current local and state laws.

Necessity

Be sure that your HOA really needs to secure the services of a towing company. You should identify what your board is trying to accomplish by towing, as well as consider how big the problem really is. Many homeowners who violate rules do so unknowingly or unintentionally, and upon being informed of their violation, will readily fix it. If you do hire a towing company, you must communicate, in writing, your towing policy to owners and visitors alike. A rule of thumb is to not tow unless the vehicle is creating a safety issue, such as being parked in a marked fire lane, or unless the vehicle belongs to a serial parking violator.

Towing is a very sticky issue, please think carefully how such a policy may impact your community for good and bad. If you decide to tow, check out our second towing article on selecting the right towing partner.