HOA Threatening to Fine or Tow
Your Vehicle?
Parking disputes are the #1 cause of HOA fines. But HOAs frequently overstep their legal authority when enforcing parking rules. Here is how to fight back.
The Translation
"You parked the wrong vehicle, in the wrong place, or for too long. Move it or we will fine/tow it."
That the vehicle violates a specific rule in the CC&Rs, AND that the HOA actually has legal jurisdiction over the street or driveway where the vehicle is parked.
Top 3 Procedural Loopholes
Public vs. Private Streets
If your neighborhood streets are public (maintained by the city/county), the HOA generally has absolutely no legal authority to enforce parking rules on the street, even if their CC&Rs say they do.
Commercial Vehicle Definitions
HOAs love to cite pickup trucks as "commercial vehicles." However, if the truck has no commercial signage, no exposed equipment, and is used for personal transportation, it usually fails the legal definition of a commercial vehicle, making the citation invalid.
Improper Towing Notice
State laws heavily regulate HOA towing. In many states, the HOA must place a physical warning sticker on the vehicle 24 to 96 hours before towing. If they skip the statutory warning period, they are liable for illegal towing.
Did you get a notice like this?
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