Can HOA Tow Abandoned Cars in Utah?

Question:

Hi in the state of Utah there is a two hour abandonment law in place for towing can the HAO tow a vehicle that hasn’t been left for two hours in an illegal spot?

– Jon

 

Answer:

Hi Jon,

The Utah law you are referring to is likely 41-6a-1408 of the Utah Code, which describes abandoned vehicles as “a vehicle, vessel, or outboard motor that is left unattended:

(a) on a highway or on or in the waters of the state for a period in excess of 48 hours; or
(b) on public or private property for a period in excess of seven days without express or implied consent of the owner or person in lawful possession or control of the property.”

The same section goes on to explain that “a peace officer who has reasonable grounds to believe that a vehicle, vessel, or outboard motor has been abandoned may remove the vehicle, vessel, or outboard motor or cause it to be removed in accordance with Section 41-6a-1406 or 73-18-20.1.”

As such, your HOA may not tow the vehicle under this law. That being said, if the car is parked on a private road owned by the HOA, you may be able to tow it if the HOA’s governing documents permit the association to do so.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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