Can The HOA Board Tow My Car?

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.

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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.

 

When Can the HOA Board Tow Your Car?

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:

  • The vehicle must violate a rule (e.g., blocking access, parked in a fire lane, or a restricted area).
  • The HOA must provide proper notice, either in writing or by signage.
  • The towing company must follow all local and state requirements for notification and storage.

 

What Rules Typically Lead to Towing?

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:

  • Parking in guest spaces for extended periods
  • Blocking fire hydrants or emergency lanes
  • Leaving inoperable or unregistered vehicles in visible areas
  • Parking commercial vehicles in residential zones
  • Ignoring posted “no parking” signs

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.

 

Do HOAs Have to Give Notice Before Towing?

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:

  • Issue a written warning or notice placed on the vehicle
  • Wait a certain period (this could be hours or days, depending on local law)
  • Post visible towing signs at entrances or common areas

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.

 

What Rights Do Homeowners Have?

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:

  • Request an explanation. Ask the board for documentation showing the rule your vehicle violated.
  • Check towing procedures. Ensure the board followed proper notice requirements.
  • Inspect signage. Were signs appropriately posted? If not, the tow may not be valid.
  • Appeal the action. Some HOAs have a process for homeowners to dispute violations or penalties.
  • File a complaint. If you believe your car was towed improperly, you may file a complaint with local authorities or pursue civil action.

Keep records of all communications and photos of the area where your vehicle was parked. This documentation can help if you challenge the tow.

 

Can Renters and Guests Have Their Cars Towed?

towed car | hoa board tow car

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:

  • Warning the renter or guest if a violation occurs
  • Ensuring parking policies are clearly posted or communicated
  • Providing landlords with notice if their tenant’s car is towed

HOAs should be especially cautious when towing a guest’s vehicle. Miscommunication or lack of signage could turn into a legal issue.

 

What Should the HOA Board Avoid When Towing Cars?

While the HOA board can tow cars under certain conditions, there are limits. Boards should avoid:

  • Towing as retaliation or punishment
  • Towing without a clear cause or documentation
  • Ignoring state and municipal laws
  • Skipping required notices or signage

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.

 

How to Prevent Issues With HOA Car Tow Policies

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:

  • Know the rules. Read your HOA’s CC&Rs and parking regulations.
  • Ask questions. If you’re unsure where you can park, check with the board or management company.
  • Stay updated. If rules change, the board should notify residents through newsletters, emails, or posted notices.
  • Respect common areas. Avoid parking in guest spaces, emergency lanes, or other restricted zones.
  • Communicate. If you need to temporarily park in a restricted spot, ask for written permission.

For board members, being proactive can reduce complaints and confrontations. That includes:

  • Posting clear signs at all entrances
  • Working with towing companies that follow state laws
  • Documenting violations with photos and timestamps
  • Giving residents reasonable time to move vehicles

Setting fair, transparent policies and enforcing them consistently will help your community avoid unnecessary towing disputes.

 

What to Do If You Think the HOA Board Car Towing Was Improper

car on the truck | hoa board tow car

If you believe the HOA board’s car towing was unjustified or unlawful, take the following steps:

  1. Contact the towing company for an invoice and the vehicle’s location.
  2. Check your community’s parking rules for violations or loopholes.
  3. Gather evidence, such as photos, timestamps, and communication records.
  4. Request a hearing or appeal if your HOA offers it.
  5. Consult an attorney familiar with HOA law if the situation escalates.

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.

 

Why Consistency Matters in HOA Towing Policies

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:

  • Be based on a clearly documented violation
  • Follow a written process
  • Include proper notices and warnings
  • Be consistently applied to all residents

When rules are clear and the process is fair, towing becomes less of a conflict and more of a community safety measure.

 

Proper Enforcement

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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