Can HOA tow my car? This is one of the most common questions both homeowners and board members ask. While it may seem severe, towing is a real risk for failing to adhere to parking or vehicle rules. For boards, towing is an enforcement tool, but proper requirements and procedures must still be followed.
Can HOA Tow My Car?
Can HOA tow cars? In many cases, yes. Both HOAs and condo associations often have the authority to tow vehicles, provided state laws and their governing documents allow it.
Associations commonly tow vehicles for:
- Parking in fire lanes
- Blocking entrances or exits
- Parking in reserved spaces
- Violating guest parking rules
- Parking commercial vehicles in prohibited areas
- Storing abandoned vehicles
- Expired registrations
- Parking in violation of community rules
In Illinois, towing practices often fall under the Illinois Vehicle Code, particularly provisions regarding unauthorized vehicles and private property towing. Associations must post proper signage, adopt parking rules, authorize towing through governing documents, use licensed towing companies, and follow local ordinances.
Towing Vehicles in HOA: Public vs Private Streets
Associations typically have greater authority to regulate parking and to tow unauthorized vehicles on private streets they own or control. This is because these streets are considered private property.
That said, even on private streets, associations must follow their towing policies and local towing laws. This includes providing adequate notice and posting signage.
In comparison, public streets usually belong to the city, county, or municipality. The HOA does not have control over these streets. For this reason, associations generally can’t independently tow vehicles from public streets unless local authorities authorize it.
If an unauthorized vehicle is on a public street, enforcement normally falls under the jurisdiction of the local police, parking enforcement officers, or municipal towing authorities. The board would need to contact local law enforcement to deal with the situation.
Can HOA Tow My Car Without Notice?
Car towing in HOA communities depends heavily on the governing documents and the situation. Sometimes, associations may tow without advance notice, especially if the vehicle poses an immediate problem. Common examples include blocking emergency access, parking in fire lanes, obstructing traffic, and creating safety hazards.
In other situations, associations must provide warnings before towing. These warnings may include violation notices, vehicle stickers, emails or letters, and temporary fines before towing.
Associations must also post signage on private property. Signs must warn that unauthorized vehicles may be towed. Boards should avoid surprise towing unless the circumstances warrant it.
Can HOA Tow My Car From My Driveway?
Towing becomes a more complicated issue if the car is on the owner’s driveway. Some associations require owners to park their vehicles inside garages for aesthetic reasons. When an owner leaves their car in the driveway, it is a violation.
Whether or not an HOA can tow from the driveway depends on local ordinances and the governing documents. If the driveway is considered private property, the association may not have authority.
Still, towing directly from an owner’s driveway can increase legal exposure. If parking in the driveway is prohibited, boards would be better off following the violation process, starting with notice and an opportunity to be heard. From there, the board can impose fines if the owner fails to move the car.
Can HOA Tow My Car for Parking Violations?
Yes, most associations tow vehicles for parking violations. Of course, associations must have clear, written parking rules in their governing documents. Boards must also provide notice and an opportunity to be heard before pursuing other penalties, such as towing.
Common violations include:
- Parking in guest spaces without permission
- Parking in handicap spaces unlawfully
- Blocking sidewalks
- Exceeding overnight parking limits
- Parking in no-parking zones
- Violating permit requirements
Can HOA Tow My Car for Unpaid Dues?
Generally, an HOA can’t tow an owner’s vehicle because of unpaid dues or fines. Instead, associations typically use other collection methods, such as late fees, interest, legal action, liens, and foreclosure.
Towing a vehicle simply because an owner owes money can be risky. The only exception to this is if state laws and the governing documents expressly allow it. Even then, boards should proceed with caution and seek legal advice, as rule enforcement and dues collection are distinct.
Can HOA Tow My Car After Hours?
Yes, associations can generally tow vehicles after hours, provided the proper procedures are followed. Many communities have overnight parking restrictions, and boards may enforce these rules even during evenings, weekends, and holidays.
Still, boards should ensure that the rules are clear about after-hour parking violations. It is equally important to post visible signage and enforce towing procedures consistently. Improper after-hours towing can lead to disputes and other legal issues.
Can HOA Tow My Car for Expired Tags?
Yes, in many communities, an association can tow a vehicle due to expired tags. Associations often prohibit vehicles with expired registration, missing license plates, invalid tags, and inoperable conditions.
It is common for associations to enforce these rules to maintain community appearance and safety. Still, before towing, associations should thoroughly investigate the violation, comply with notice requirements, and confirm they have the authority to tow.
Can HOA Enforce Towing of Abandoned Vehicles?
Yes, associations typically tow abandoned or inoperable vehicles. These include cars that have not been moved for a long time, lack registration, are severely damaged, or pose safety risks.
Many municipalities in Illinois also have ordinances regarding abandoned vehicles on private property. Associations can work with local authorities and towing companies to lawfully remove these vehicles.
Of course, documentation is key here. Board members must note the vehicle’s condition, preferably with photographic evidence. It is also critical to follow proper notice procedures before towing.
Can HOA Tow My Car for Commercial Vehicles?
Many associations prohibit or restrict commercial vehicles within the community. Whether or not the HOA can tow these vehicles depends on the governing documents.
Some associations prohibit all visible commercial vehicles. Meanwhile, others allow parking only during certain hours.
Boards should clearly define what counts as a commercial vehicle. Vague descriptions and rules are often the source of disputes. An owner may have a personal vehicle with business logo stickers and inadvertently face a violation.
Can I Sue My HOA for Towing My Car?
Yes, homeowners may sue their association for improper towing. While causes can vary, common reasons for lawsuits include:
- Lack of authority to tow
- Failure to provide notice
- Improper signage
- Selective enforcement
- Damage to the vehicle
- Towing from unauthorized locations
- Violations of state or local towing laws
If a court determines that the association acted improperly, penalties will follow. The association may need to reimburse towing fees, vehicle damage claims, legal fees, and court costs. Because towing can create legal risks, boards should work closely with an attorney when developing and enforcing towing policies.
That said, lawsuits are not always the answer. Homeowners should attempt to resolve the dispute internally first. Mediation and arbitration are also good options, as they are more affordable and less time-consuming than litigation.
Can HOA Tow My Car? Answered!
Many boards struggle to navigate the confusing policies surrounding towing. While it can be a very useful enforcement tool, towing must only come after following proper procedures and notice requirements. Immediate towing is only justifiable under certain circumstances. When in doubt, associations should consult a professional.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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