Legal Question in Real Estate Law in California
Towing of vehicles from private property by homeowners association
This is actually a two part question. I am an owner of property governed by a homeowners association. The HOA is enforcing a rule that any vehicles parked in certain areas of the complex are towed immediately without any notice. I understand that a vehicle cannot be towed without the owners permission. Since this tactic is performed usually in the middle of the night without any notice, does State and Federal law preempt CC&R'. Additionally, the vehicles are towed by the request of a security guard who appears to continually call the services of a tow facility some 17 miles from the location of the complex. Towing is performed on a daily basis, sometimes six vehicles at a time. The cost to pick up your vehicle is approx. $190 although the tow operator will drop the vehicle for $90 cash on the spot. What laws govern tow truck operators, their fees, tactics, etc.? How can an owner find out if the guard is receiving some type of compensation for towing of vehicles. Owners are considering a class action suit against the Board, security company and towing company.
3 Answers from Attorneys
Re: Towing of vehicles from private property by homeowners association
Permission is not needed in order to tow a privately owned vehicle if the fact that the vehicle will be towed has been properly posted, noticed, etc. Also, technically you did "give permission" if you agreed to abide by the association rules, which you would have had to agree to in order to either purchase the property or to lease/rent there. The problem is not with the tow truck driver, as he is only doing what he has been contracted to do; if enough people have a problem with the HOA rule, then they should be able to act to amend those rules through the association procedures, which is the only real remedy.
Re: Towing of vehicles from private property by homeowners association
You need to read Vehicle Code sections 22658 and 22658.2. The former deals with removal of vehicles from private property, and the latter deals with removal of vehicles from a 'common interest development' which seems to be your situation.
The bottom line is that the towing is permissible under certain conditions.
Re: Towing of vehicles from private property by homeowners association
The towing is allowed, as long as the rules are posted and the vehicle pickup information is posted. Cities can also issue tickets on private property, as well as private property associations issuing fines.
If the rules are unfair or impossible to comply with, you and the other homeowners need to amend them at the homeowners' board meeting--check the bylaws for how to do this.
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