Overview

This Fact Sheet addresses two related enforcement issues that frequently arise in California HOA parking disputes: when an HOA may tow a vehicle parked in violation of the community’s rules, and when an HOA may regulate parking on public streets located within the boundaries of the development. Both situations involve legal limits that most homeowners and HOA boards misunderstand, and that bad HOAs use to abuse their power.

As I explained in the prior Fact Sheet (“Can a California HOA Control Parking in Your Garage, Driveway, or Assigned Parking Space?”), the vast majority of California HOAs have broad authority under the Davis-Stirling Act and their CC&Rs, bylaws, or articles to adopt parking rules governing the use of garages, driveways, assigned spaces, and common area parking. But the existence of a valid parking rule does not, by itself, give an HOA unrestricted power to remove vehicles or control street parking. Towing is governed by separate requirements found in the Vehicle Code, and an HOA’s authority to regulate street parking is very different depending on the type of street involved. While HOAs generally have substantial authority to regulate parking on HOA-owned streets within the community, their power to regulate resident parking on public streets located within or running through the development is more limited.

This Fact Sheet focuses on those narrower issues. It explains when an HOA may lawfully tow a vehicle parked in violation of HOA rules or other legal restrictions, what conditions must be satisfied before a tow may occur, and when a homeowner may challenge a tow as improper. It also explains when HOAs may regulate resident parking on public streets located within the boundaries of the development, and where the limits of that authority lie.

Key Points

While the prior Fact Sheet addressed the basic legal framework governing parking rules in California HOAs, this Fact Sheet focuses on two narrower enforcement issues: an HOA’s authority to tow vehicles parked in violation of the community’s rules and an HOA’s ability to regulate resident parking on public streets located within the boundaries of the development. Both issues are governed by legal rules that operate independently of the Davis-Stirling Act’s rulemaking provisions and impose specific limits on how HOAs may exercise those powers.

Towing

• HOAs have the power to tow, but only if they follow Vehicle Code 22658. Vehicle Code 22658 applies to private property, including HOAs. That means an HOA may tow a vehicle from HOA property only under one of the specific circumstances listed in 22658(a) and only if the HOA and towing company follow the additional requirements set out elsewhere in the statute.
• An HOA must fit the tow into one of four statutory grounds. Vehicle Code 22658(a) allows a tow only if one of the following applies:
  • The HOA posts the required towing signs at every entrance. 22658(a)(1) requires a sign in plain view at all entrances. The sign must measure at least 17 inches by 22 inches, must use lettering at least one inch high, must prohibit public parking, must warn that vehicles will be removed at the owner’s expense, and must list the telephone number of local traffic law enforcement and the name and telephone number of each towing company operating under a written general towing authorization agreement.
  • The HOA issues a parking violation notice and then waits 96 hours. 22658(a)(2) allows a tow after the HOA issues a notice of parking violation and then waits 96 hours. [See more details on this requirement below.]
  • The vehicle lacks major parts needed for safe operation and the HOA waits 24 hours after notifying law enforcement. 22658(a)(3) covers vehicles that lack an engine, transmission, wheels, tires, doors, windshield, or other major equipment needed for safe operation on the highway. In that situation, the HOA must notify local traffic law enforcement and then wait 24 hours before towing.
  • HOAs must post proper towing signage before authorizing vehicle removal. Vehicle Code 22658 requires HOAs to place conspicuous towing signs at entrances to the property. Those signs must meet statutory size and placement requirements and must identify the towing company authorized to remove vehicles. [Pay attention to the one-hour rule. Under Vehicle Code 22953, if an HOA lot or common area is held “open to the public” (such as an ungated guest area), the HOA generally cannot tow a vehicle until it has been parked for at least one hour. This one-hour grace period, however, does not apply to property designated for residential parking (like a homeowner’s assigned space or a resident-only lot), nor does it apply if the vehicle is blocking a fire hydrant, a fire lane, or an entrance or exit.]
  • The owner of a single-family home may authorize a tow from that property. Under 22658(a)(4), the owner of a single-family home may authorize the immediate towing of a vehicle parked on the property.
• The HOA cannot simply tell the tow company to patrol the property and tow at will. Vehicle Code 22658(l)(1)(A) requires the property owner, lessee, HOA, or an employee or agent of the HOA to give written authorization before the tow. In most situations, that person must also be present at the time of removal and must verify the alleged violation. The statute creates narrow exceptions, but the default rule requires written authorization plus verification.
  • The written authorization must contain specific information. 22658(l)(1)(B) requires the authorization to list the: (a) vehicle’s make, model, VIN, and license plate number (if available); (b) name, signature, job title, address, and working phone number of the person authorizing the tow; (c) grounds for removal; (d) time someone first observed the vehicle on the property; and (e) time the HOA gave authorization to tow.
  • The HOA may give a towing company general towing authority only in narrow situations. 22658(l)(1)(E) allows general authorization only when a vehicle parks within 15 feet of a fire hydrant, parks in a fire lane, or blocks an entrance to or exit from the development. Outside those situations, the HOA may not delegate general tow discretion to the towing company.
  • The HOA and towing company must have a written agreement if the HOA grants general towing authority for those narrow situations. 22658(l)(1)(E)(ii) requires a written agreement between the towing company and the HOA, owner, agent, or person in lawful possession of the property.
  • The towing company must photograph the violation before towing under general authorization. 22658(l)(2) requires the towing company to take a photograph before removing a vehicle under general authorization for a fire hydrant, fire lane, or blocked entrance or exit. Before the owner pays, the towing company must show that photograph and give the owner a copy at no charge.
• The 96-hour rule is just one towing option, not a universal requirement. The 96-hour requirement referenced above (contained in Vehicle Code 22658(a)(2)) allows a tow after the HOA issues a notice of parking violation and then waits 96 hours. That provision often applies when the vehicle sits in a place where parking is otherwise allowed but the vehicle violates a parking rule, such as a time restriction or permit requirement. The statute does not require the HOA to wait 96 hours in every towing situation.
• Vehicles may not be towed merely for stopping. Under Vehicle Code 463, “parking” is defined as leaving a vehicle standing for a purpose other than the temporary loading or unloading of merchandise or passengers. This means that if a homeowner stops in front of a garage for a few minutes to unload groceries or drop off a passenger, they are “stopping,” not “parking.” An HOA that attempts to tow or fine a homeowner for a two-minute grocery drop-off is likely violating the reasonableness requirements of the Davis-Stirling Act and the definitions within the Vehicle Code.
• The HOA may tow immediately in certain situations, but only if it satisfies the statute’s authorization rules. Vehicle Code 22658 does not force an HOA to wait 96 hours when the vehicle blocks an entrance or exit, parks in a fire lane, or parks within 15 feet of a fire hydrant, because 22658(l)(1)(E) specifically addresses those violations. And if the HOA has the right statutory ground under 22658(a) and gives proper written authorization under 22658(l), it may also tow a vehicle that occupies another person’s assigned space or another clearly prohibited area without waiting 96 hours.
• Both the HOA and the towing company must notify law enforcement. 22658(f) requires the HOA, or the person who caused the tow, to notify local traffic law enforcement within one hour after authorizing the tow. 22658(m) separately requires the towing company to notify local law enforcement after the vehicle leaves the property and goes into transit, and it imposes criminal and civil penalties if the towing company misses those deadlines.
• The towing company must notify the vehicle’s registered and legal owner after the tow. 22658(b) requires the tow operator, if it knows or can determine the owner’s identity, to give written notice stating that the vehicle was removed, why the company removed it, and where the company took it. The notice must also include the vehicle’s mileage, if the odometer is visible, and the time of removal.
• The owner has a right to stop the tow before the truck removes the vehicle from the property. 22658(g)(1)(B) requires the towing company or driver to immediately and unconditionally release a vehicle if the owner or the owner’s agent asks for release before the tow truck removes the vehicle from the private property and puts it in transit.
  • The towing company is limited as to what it may charge under such conditions. Under 22658(h), the towing company may charge no more than one-half of the regular towing fee if the owner returns after the truck couples the vehicle but before the truck removes it from the property. The company may charge the full towing fee only after the vehicle leaves the property and goes into transit.
• The towing company must give the owner documents when the owner claims the vehicle. 22658(l)(1)(C) requires the towing company to give the owner, before payment, a photocopy of the written tow authorization. If the tow came from residential property, the company may redact certain personal information about the person who authorized the tow. The company must also give the owner a separate notice telling the owner whom to contact if the owner believes the tow was wrongful.
• The towing company cannot overcharge for towing or storage. 22658(i) treats towing or storage charges as excessive if they exceed the greater of the local law enforcement contract rate or the rate approved by the California Highway Patrol for that jurisdiction. 22658(j) imposes civil liability for four times the amount charged when a towing company imposes excessive fees.
  • The owner generally owes only one day of storage if the owner retrieves the vehicle within 24 hours. 22658(i)(2) limits storage charges to one day if the owner picks up the vehicle within the first 24 hours after storage begins.
  • The storage facility must release the vehicle during normal business hours and must make after-hours release available. 22658(n)(2) requires the storage facility to remain open during normal business hours and release vehicles after normal business hours. The facility may charge a gate fee after hours, but the statute limits that amount.
  • The storage facility must accept cash and valid bank credit cards. 22658(k)(1) requires the facility to accept those forms of payment from the registered owner, legal owner, or owner’s agent. If the facility refuses, the statute imposes both criminal and civil consequences.
• The storage facility must satisfy location and access requirements. 22658(n)(1) generally requires the storage facility to sit within a 10-mile radius of the property from which the company removed the vehicle, unless law enforcement gives prior written approval for a more distant facility. 22658(n)(3) also requires a public pay telephone in the office area.
• The law gives homeowners meaningful remedies when an HOA or towing company violates the statute. Vehicle Code 22658(d) allows the owner to recover for damage to the vehicle resulting from intentional or negligent acts during removal. 22658(e)(1) makes the HOA or other person causing the tow liable for double the storage or towing charges when they fail to comply with 22658(a)(1), (2), or (3) or refuse to state the grounds for removal when the owner asks. 22658(l)(5) imposes civil liability for four times the towing and storage charges when someone violates that provision. 22658(j) imposes civil liability for four times the excessive charge when someone charges unlawful towing or storage rates.
  • Recovery of Attorneys’ Fees. While the Vehicle Code provides for “multiplier” damages (e.g., four times the tow fee for overcharging), it does not explicitly grant a prevailing homeowner attorneys’ fees. If, however, that homeowner sues an HOA to challenge a tow on the grounds that the HOA’s parking rules are unreasonable or were applied unfairly, the homeowner will likely be entitled to mandatory attorneys’ fees as the prevailing party under Civil Code 5975.
• Homeowners should ask for the legal basis for the tow immediately. A homeowner should ask the HOA and towing company to identify the statutory ground for the tow, produce the written authorization, state the grounds for removal, identify the towing company, and explain whether the HOA relied on signage, a 96-hour violation notice, a stripped or inoperable vehicle, or one of the narrow immediate-tow situations listed in the statute.

Rules Regarding Public Street Parking

• HOAs may regulate parking on HOA-owned streets within the community. When a street is owned by the HOA as part of the common area, the HOA may regulate parking on that street through operating rules adopted under Civil Code 4350, provided that the CC&Rs, bylaws, or articles authorize rulemaking and the rule satisfies the statute’s reasonableness requirements.
• Public streets inside an HOA community are not automatically subject to HOA control. When a city or county owns the street, the street remains public property even if it runs through the middle of the development. The HOA cannot regulate parking on that street as if it were an HOA-owned common area simply because the street lies within the community’s boundaries.
  • Cities and counties control parking rules on public streets. Generally speaking, municipal parking ordinances govern public streets, and local law enforcement agencies enforce those rules. If a public street runs through an HOA development, the HOA cannot override those municipal parking rules through its own governing documents or operating rules.
  • An HOA may regulate resident parking on public streets when a city or county authorizes it to do so. Some municipalities allow HOAs to regulate resident parking on public streets located within the development when the HOA maintains those streets or participates in a municipal parking program. In those situations, the HOA’s authority exists only because the city or county has granted it through an ordinance, agreement, or permit program.
  • Even when municipal authorization exists, the HOA’s authority remains limited. A municipal agreement may allow an HOA to regulate parking by residents of the community, but the HOA cannot enforce those restrictions against the general public using the street.
• Homeowners should verify whether the street is private or public before assuming the HOA has authority. The legal status of the street often determines the outcome of a parking dispute. If the street is HOA-owned common area, the HOA may regulate parking through its rules. If the street is publicly owned, the HOA’s authority will be limited unless the municipality has granted additional authority.
• Homeowners should request proof of municipal authorization if the HOA claims authority over a public street. If an HOA asserts the right to regulate resident parking on a public street, homeowners should ask the HOA to identify the municipal ordinance, agreement, or permit program that grants the HOA that authority.
• Call MBK Chapman if your HOA exceeds its authority. The laws regarding towing and HOA regulation of public streets are complex and difficult to untangle. If your HOA has authorized a tow without strictly complying with Vehicle Code 22658 or is attempting to regulate resident parking on public streets located within your HOA, call the HOA attorneys at MBK Chapman for guidance and help. This firm’s HOA lawyers are experts in dealing with the towing and parking regulation powers exercised by HOAs.

Towing vehicles and regulating parking on public streets located within an HOA development are two of the most complicated parking enforcement tools utilized by California HOAs. California law allows HOAs to use those tools, but only within the limits imposed by the Vehicle Code, the governing documents, and, in the case of public streets, the authority of the local municipality or county. When HOAs ignore those limits, homeowners may force their HOAs to comply with the law at the HOA’s ultimate expense.

FAQs

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

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