Can HOA tow my car?

Started by CeliaS • 7 replies • 4120 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

CeliaS (Georgia)
Posts: 1

Posted:

The roads are owned by the county and I am breaking no laws by parking where I am parking but I continue to be harnessed by someone who is not even a member of the HOA. They had a cop come to my house and tell me I have to park my car In the driveway but I called the Magistrate and they told me that he is wrong I can park there and next time I should report him. So I am pretty sure that there is nothing the HOA can do about it. Am I correct?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Celia,

If you live within an Association, regardless if the roads are public or private, if the CC&Rs specify that you may not park on the street overnight, then the Association may have the authority to either fine or tow (depending on the language in the governing documents and applicable statutes or local ordinances).

This is because you entered into a contract that specifies certain restrictions (like parking), or, as a renter, likely agreed to comply with the rules of the Association in your lease. The deed restrictions typically give the Association or any member of the Association the authority to enforce those restrictions.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By CeliaS on 10/30/2014 7:02 AM
The roads are owned by the county and I am breaking no laws by parking where I am parking but I continue to be harnessed by someone who is not even a member of the HOA. They had a cop come to my house and tell me I have to park my car In the driveway but I called the Magistrate and they told me that he is wrong I can park there and next time I should report him. So I am pretty sure that there is nothing the HOA can do about it. Am I correct?

If a police officer threatened to tow your car you should file a complaint against him with whatever agency he works for. Police do not enforce HOA restrictions and it is inappropriate for an officer to act on behalf of the association.

If you know the identity of the person who is harassing you I would suggest contacting your local municipal court (or its equivalent) and see if there is some form of injunction that the court can issue to end the problem.

RwT (Florida)
Posts: 154

Posted:

There may be two 'tests' here actually...

While you are reviewing your documents for the possible restrictions, also look to see if towing is authorized.

While you MAY be subject to fines and/or privilege suspension, etc., it's a no-no on the tow-tow (by the Po-Po) if they don't have the authority to do so.

* Non-Lawyer spokesperson.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Celia

Association docs can be tighter then local laws. As you agreed (you signed saying you will abide by them) to the association docs, you agreed to them being tighter. Parking is a classic one. Local laws say overnight street parking is allowed. You move into an association whose docs say no overnight street parking is allowed in our association. You signed and agreed to the docs. The docs win.

If the docs also say (which they quite often do) that the association has the ability to tow, again the docs win as you agreed to them.

Why can you not park in your driveway?

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By CeliaS on 10/30/2014 7:02 AM
I continue to be harnessed by someone who is not even a member of the HOA. They had a cop come to my house and tell me I have to park my car In the driveway but I called the Magistrate and they told me that he is wrong I can park there and next time I should report him. So I am pretty sure that there is nothing the HOA can do about it. Am I correct?

Hi Celia

If the HOA has a complaint about your parking, then the complaint should only come from the HOA.

Not clear from your description whether you are saying that the complainer is not a member of the HOA or that the complainer is not a member of the Board (or other HOA authority). Was the complaint made by a property management company acting on behalf of the HOA? Hard to tell from your description.

Sikubali jukumu. Read all posts at your own risk.

BillH10 (Texas)
Posts: 1,217

Posted:

First, I am not an attorney, my opinions are simply that: my opinions.

John and Tim, I do not agree with your analysis.

If the streets are public, and I emphasize public, thoroughfares, the laws/rules/regulations of the jurisdictional political agency hold. In other words, the city code or whatever document trumps the CC&Rs, in all situations, when property owned by the political entity is involved. The HOA restrictions cannot be more restrictive than the political entity in such situations. The political entity cannot cede control over its property to a private agency without enabling legislation.

On the flip side of this, the Governing Documents can be more restrictive with respect to privately owned property which is subject to the Governing Documents. For example, if the local political entity states that four pets are allowed, and the Governing Documents limit the number of pets to two, the Governing Documents hold sway as they have jurisdiction over the private property which has the Governing Documents recorded against the deed of the property.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bill,

You might not agree but this has happened and been upheld several times. The argument made by Associations is that you, when purchasing your property, agreed to comply with specific rules and regulations. If one of those rules were that you would park your vehicle in your driveway or garage and not in the street, then those are the terms of the contract. How that section of the contract is enforced (fines, towing, etc.) would also be in the contract and/or applicable statutes.

What the Association can not do is prevent a non-member from parking on the public street, as they were not part of the contract. However, if they were a guest of the member, most governing documents specify that the member is responsible for the actions of their guests.

Here is some info on the topic:

New Arizona law limits future HOAs’ control of parking on public streets article where an AZ State legislature was so mad when they found out that Associations had the authority to prohibit a member from parking on a public street that they created legislation to stop that from happening in the future.

Can Charlotte HOAs prevent on-street parking? 2013 article in the Charlotte Observer (newspaper)

MARYLAND ESTATES HOMEOWNERS' v. PUCKETT (Missouri) which seems to be referenced in many cases in other States, seems to be the basis for enforcing parking restrictions on public streets on Associations members.

Per CA Civil Code §1354, The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable. As I understand it, CA courts interpret this to mean that if the parking regulations are in the deed restrictions, then the Association may enforce such restrictions on it's members (but not the general public).

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here