Living in a homeowners association comes with certain rules and responsibilities. That includes where you can and can’t park. If you’ve ever asked, “Can the HOA board tow my car?” you’re not alone.
Living in a homeowners association comes with certain rules and responsibilities. That includes where you can and can’t park. If you’ve ever asked, “Can the HOA board tow my car?” you’re not alone.
Yes, in many cases, the HOA board can tow your car. But it’s not something they can do on a whim. Most HOAs have rules about parking and vehicle storage written into their governing documents. These rules may outline where you’re allowed to park, how long a car can remain in one place, and even what types of vehicles are allowed in the community.
If a vehicle violates these rules, the HOA board may be allowed to take action—including towing. The specific process depends on state laws and what’s written in the community’s governing documents.
Here’s what generally needs to happen before the HOA board tows a car:
Towing usually doesn’t come out of nowhere. Most HOAs try to resolve issues with homeowners before removing a car. That said, common violations that lead to towing include:
Each HOA is different. Some communities are strict, while others may be more relaxed. To avoid surprises, review your HOA’s CC&Rs (Covenants, Conditions, and Restrictions) and parking policies. These will tell you what rules apply and how the board handles violations.
In many states, yes. The HOA board can’t tow your car without warning unless it’s an emergency or a safety issue. For example, if a vehicle is parked in front of a fire hydrant, the board may not need to give notice.
Otherwise, the board typically must:
California, for example, requires that signs be posted at every entrance of the property with specific language and towing company information. Texas has similar laws. Some states also require that the HOA notify the police within one hour of towing a car.
Always check your local laws, as they play a big role in what the HOA board can legally do.
Just because the HOA board can tow a car doesn’t mean homeowners have no recourse. You do have rights.
If your car was towed, here are the steps you can take:
Keep records of all communications and photos of the area where your vehicle was parked. This documentation can help if you challenge the tow.
Yes, the HOA board can tow cars owned by renters or guests, as long as the same rules apply. The HOA’s authority usually extends to all vehicles within the community, not just those belonging to homeowners.
However, it’s still important for the HOA to follow its procedures. That means:
HOAs should be especially cautious when towing a guest’s vehicle. Miscommunication or lack of signage could turn into a legal issue.
While the HOA board can tow cars under certain conditions, there are limits. Boards should avoid:
Not only can improper towing damage the HOA’s reputation, but it can also lead to legal action or insurance claims. Boards must remain neutral and follow their policies precisely.
If your HOA uses a third-party towing company, ensure the vendor is licensed, insured, and familiar with your state’s requirements. Having a written agreement in place helps clarify responsibilities and procedures.
Nobody wants the surprise of walking outside and finding their car gone. Fortunately, most towing situations can be avoided with clear communication and cooperation.
If you live in an HOA-governed community, here’s what you can do:
For board members, being proactive can reduce complaints and confrontations. That includes:
Setting fair, transparent policies and enforcing them consistently will help your community avoid unnecessary towing disputes.
If you believe the HOA board’s car towing was unjustified or unlawful, take the following steps:
Many HOA boards will work with homeowners to resolve disputes, especially when there’s a misunderstanding. Still, knowing your legal rights helps protect you from unfair treatment.
A towing policy that’s enforced unevenly can lead to accusations of favoritism or discrimination. To keep the peace and maintain trust, HOAs should treat all residents fairly.
Every HOA board car towing action should:
When rules are clear and the process is fair, towing becomes less of a conflict and more of a community safety measure.
Can the HOA board tow your car? Yes, but only under the right circumstances. As a homeowner or resident, understanding the rules and your rights can help you avoid costly mistakes. And for HOA boards, clear policies and consistent enforcement are key to maintaining order without causing resentment.
Looking for help in enforcing HOA rules consistently? Let professional HOA managers support you! Check out our online directory today for your area’s best HOA management companies!
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