Parking & Vehicles

Can My HOA Tow My Car?

By The HOARebel Team · May 25, 2026 · 9 min read · Updated October 11, 2026

Statutes last fully checked against the official text in October 2026.

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

Often yes, on property the association owns or controls, but usually only when the parking rule is in the governing documents and the tow follows the state's towing law. Those laws differ from state to state, and several set sign, notice, and liability rules that apply to an association like any other property owner. This is general information about how those layers fit together, not legal advice. For a specific tow, a licensed attorney in your state is the right resource.

The three layers behind an HOA tow

Three layers generally apply at once:

The governing documents. The declaration (CC&Rs) and parking rules define what is prohibited, such as parking in fire lanes, blocking access, or storing inoperable vehicles.
Who owns or controls the pavement. Associations have the most authority over common areas and private streets. Public streets are usually a city or county matter.
The state's towing law. Most states regulate towing from private property without the vehicle owner's consent. The statutes below show what that regulation looks like in five states.

These statutes do not operate alone. The association's own documents, local ordinances, and other state and federal law can also apply.

How much notice does an HOA have to give before towing?

It depends on the state. For example, Nevada's NRS 116.3102 generally requires 48 hours' notice before an association directs a removal, Florida's §715.07 generally requires a tow-away sign maintained for at least 24 hours beforehand, and California's Vehicle Code §22658 allows a tow 96 hours after a parking-violation notice, or where qualifying signs are posted.

Several states set sign or notice rules, with exceptions. The wording of each statute matters, so the key language is quoted here.

California. Vehicle Code §22658(a) names associations directly. It allows "the owner or person in lawful possession of private property, including an association of a common interest development" to have a vehicle removed only under listed circumstances. One is a posted sign:

"There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense..." — Cal. Veh. Code §22658(a)(1)

Another is that "the vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice" (§22658(a)(2)).

Florida. Section 715.07(2) lets "the owner or lessee of real property, or any person authorized by the owner or lessee" have a vehicle towed, subject to conditions. With exceptions that include single-family residences and notice given personally to the driver, §715.07(2)(a)5. requires posted notice before a tow:

"The notice must clearly indicate, in not fewer than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words 'tow-away zone' must be included on the sign in not fewer than 4-inch high letters." — §715.07(2)(a)5.b., Fla. Stat.

The same subparagraph says the sign must be "continuously maintained on the property for not fewer than 24 hours before the towing or removal of any vehicles or vessels."

Nevada. NRS 116.3102(1)(t) gives an association the power to direct removal of vehicles "improperly parked on property owned or leased by the association" or on a street within the community in violation of the governing documents. It then adds a notice step:

"...the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle..." — NRS 116.3102(1)(t)

The 48-hour notice does not apply if the vehicle is "blocking a fire hydrant, fire lane or parking space designated for the handicapped" or poses an imminent threat to health, safety or welfare. The same paragraph says an association "may not direct the removal of a vehicle parked on property owned or leased by the association solely because the registration of the vehicle is expired." Nevada's general private-property towing statute, NRS 487.038, separately calls for a sign "displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner."

Texas. The Occupations Code's towing chapter reaches associations by name. Section 2308.002(8)(B) defines a parking facility owner to include "a property owners' association having control under a dedicatory instrument ... over assigned or unassigned parking areas." Under §2308.254, a parking facility owner "may not have an unauthorized vehicle removed from the facility except" as the chapter or a qualifying municipal ordinance provides, or at the direction of a peace officer or the vehicle's owner or operator. Section 2308.252(a) lists the situations that allow a tow without the vehicle owner's consent. One is posted signs:

"signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of towing and for the preceding 24 hours and remain installed at the time of towing" — Tex. Occ. Code §2308.252(a)(1)

Subchapter G sets the sign details, including that each sign "is at least 18 inches wide and 24 inches tall" (§2308.301(b)(2)). Other routes in §2308.252 include actual notice to the vehicle's owner or operator, or a notice attached to the windshield followed by a certified-mail notice warning that the vehicle will be towed if it is not removed "before the 15th day after the postmark date of the notice" (§2308.252(c)(3)).

Can an Arizona HOA regulate parking on a public street?

Generally not in newer Arizona communities. For planned communities with a declaration recorded after December 31, 2014, A.R.S. §33-1818 says that after declarant control ends, the association has no authority over a roadway dedicated to or held by a governmental entity. Older communities could keep regulating public roadways only through a membership vote held by June 30, 2025 (§33-1818(B)).

Elsewhere, the answer depends on state law and on who owns the street. The Arizona statute's wording:

"...an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity." — A.R.S. §33-1818(A)

The section "does not apply to any one-way streets, without regard to ownership, or to any privately owned roadways" (§33-1818(C)).

Are some vehicles protected from HOA parking rules?

Yes, in some states. Florida's §720.3075(3)(d) says HOA documents may not preclude an owner, tenant, guest, or invitee from parking a personal vehicle, including a pickup truck, in the owner's driveway, and Arizona's A.R.S. §33-1809(A) protects certain utility and public-safety employees' required work vehicles that meet the statute's weight and marking conditions.

Carve-outs like these limit what a parking rule can prohibit in the first place.

Florida. Under §720.3075(3)(d), homeowners' association documents "may not preclude" a property owner, tenant, guest, or invitee "from parking his or her personal vehicle, including a pickup truck, in the property owner's driveway." The same paragraph covers a work vehicle "which is not a commercial motor vehicle" parked in the owner's driveway.
Arizona. Under A.R.S. §33-1809(A), an association "shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment," where the resident works for a qualifying utility or public safety agency and the vehicle meets the statute's weight and marking conditions.

Who is liable for an improper tow?

It depends on the state. Florida's §715.07(4) makes a person who improperly causes a tow liable for removal, transportation and storage costs, damages, attorney's fees and court costs. Under Texas's Occupations Code §2308.404, a towing company, booting company, or parking facility owner that violates the towing chapter is liable for damages and towing, storage, or booting fees.

Florida's statute is direct:

"When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's fees; and court costs." — §715.07(4), Fla. Stat.

Texas takes a similar approach. Under Tex. Occ. Code §2308.404(a), a towing company, booting company, or parking facility owner "who violates this chapter is liable to the owner or operator of the vehicle" for damages and for the towing, storage, or booting fees, and §2308.404(b) says the owner or operator "is not required to prove negligence" to recover. For a violation committed intentionally, knowingly, or recklessly, §2308.404(c) sets liability at "$1,000 plus three times the amount of fees assessed" in the removal, towing, storage, or booting. Texas also gives the owner or operator of a towed vehicle a right to a hearing "on whether probable cause existed for the removal" (§2308.452), held in a justice court (§2308.453). Under §2308.456(a), the written request generally has to reach the court before the 14th day after the tow, not counting Saturdays, Sundays, and legal holidays.

Other states handle this differently, and a real parking violation does not by itself answer whether the required towing steps were followed. Where enforcement is uneven (your car towed while a neighbor's identical violation is ignored), that can also raise a selective-enforcement concern under the law of some states.

The bigger picture

Can my HOA tow my car? turns on the parking rule in the documents, whether the vehicle was on property the association controls, and whether the association and the tow operator followed the state's towing law. The five states above are examples, not a survey. Other states have their own towing statutes, and local ordinances can add requirements. Those are fact-specific questions, and a licensed attorney in your state, or your state's consumer-protection or towing regulator, is the appropriate resource. State-by-state guides are on the California, Florida, Texas, Arizona and Nevada pages.

Frequently asked questions

Can my HOA tow me from a public street?

An HOA's towing authority is strongest on common areas and private streets it controls. Public streets are typically governed by the city or county, and the answer varies by state. Arizona's §33-1818, for example, says newer planned communities have no authority over government-owned roadways.

Does the HOA need to post signs before towing?

It depends on the state. Many state towing laws require posted signs or advance notice before a tow from private property, with exceptions. For example, California's Vehicle Code §22658, Florida's §715.07, and Texas's Occupations Code §2308.301 all describe tow-away signs, including minimum sign or lettering size, and Nevada's NRS 116.3102 generally requires 48 hours' notice.

What if I think the tow was improper?

It depends on the facts and the state. Florida's §715.07(4), for example, makes a person who improperly causes a tow liable for towing and storage costs, damages, attorney's fees, and court costs. In Texas, Occupations Code §2308.404 makes a towing company or parking facility owner that violates the towing chapter liable for damages and towing and storage fees, and §2308.452 gives the vehicle's owner or operator a right to a hearing in justice court. A licensed attorney in your state is the right resource.

Sources

Keep reading

The rules above are the general picture; the details come from state law. Every state's article on this question is listed on HOA rules & enforcement by state, and each state guide explains the governing statute.