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Condo | HOA Lawyers

Is Towing an Option for Parking Violations? By Jennifer B. Cusimano, Esq.

Having enough parking spaces and getting owners, residents, and guests to follow the parking rules can be a major issue for many community associations.  Towing a car is an effective way to get drivers to comply with the parking rules, but what authority does a board have to tow cars that are parked in violation of the association parking rules? 

For any community with more than three homes, the association can have a vehicle that is parked or stored in violation of the rules towed only if the association property is marked as a private tow-away zone.  To do so, the association must post signs that are visible and at least 18” x 24” in size at each entrance to the association property and include the following information: 

  • A statement that the property is a tow-away zone;
  • A description of who is authorized to park on the property (for example – only residents and guests may park within the community and subject to all association rules);
  • If the tow-away zone is not enforceable at all times, the days and hours during which the parking restrictions are enforced;
  • The telephone number and address from which a towed vehicle may be recovered; and
  • A statement that the failure to recover a towed car may result in the loss of title to the vehicle.

Once signs complying with the above requirements are posted at every entrance to the association, the association may have vehicles towed that are improperly parked or stored on the property.

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