Can a private HOA community tow cars if they 't have any…

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ANSWER:

You are correct! Compliance with that Vehicle Code is required. The association must post towing signs at each entry into the association’s premises that are a specified height, and each sign must contain a statement that public parking is prohibited and indicate that the vehicles will be removed at the owner’s expense. The signs must also contain telephone numbers of local enforcement agencies, as well as the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the association.

Also under that law, a towing company cannot commence removal of the vehicle from your association’s private property, without first obtaining written authorization from the association, even if the signs are posted as referenced above. An employee or board member of the association must be somewhere on-site at the time of the removal in order to verify the alleged violation.

The signs must be at least 17 inches by 22 inches high, and contain lettering not less than one inch in height.

Pursuant to California Vehicle Code §22658, California community associations can tow a vehicle based on any one of the following:

(1) the association has posted the towing sign, as referenced above. If the signs are posted as referenced above, no specific waiting time is required to secure removal of the improperly parked vehicle.

(2) the vehicle has been issued a Notice of Parking Violation, and more than ninety-six (96) hours have elapsed since the issuance of that notice.

(3) The vehicle is parked on association property, and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the association has notified the local traffic law enforcement agency of the inoperable vehicle and twenty-four (24) hours have elapsed since that notification period.

(4) The vehicle is parked on land owned by a single-family dwelling.