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Highlights of HB-1314 - Regarding Towing of Automobiles

If your HOA tows vehicles, it is important to know and understand some of the recent changes in the law regarding towing.  These changes are effective August 1, 2022.

Towing Notification

Prior to towing, HOA's must provide notice to the vehicle owner by placing a written notice on the windshield at least 24 hours prior to towing.  The notice must contain the following information:

  • Vehicle will be towed without consent if it remains parked inappropriately
  • Description of the parking violation
  • Vehicle will be towed if it is not moved
  • Continuing to park inappropriately in the same manner may lead to the vehicle being towed without notice

The new law prohibits towing vehicles from private property for the sole reason that the license plates have expired.  Therefore, if your rules prohibit expired license plates, your community will no longer be able to tow for such violations.

Can vehicles ever be towed without notice?  Yes, but only under very specific circumstances.  A vehicle may be towed without notice if any of the below criteria are met:

  • The vehicle has received two previous notices for parking inappropriately in the same manner
  • Vehicle is being repossessed by a creditor
  • Removal is expressly authorized by a court order or operation of law
  • Vehicle blocks a driveway or roadway enough to effectively obstruct access

Towing Signage

In addition to notices specified above, HOA's must also place appropriate signage in appropriate locations before they can lawfully tow vehicles.  Signage must meet the following criteria:

  • Must be placed at all entrances to the community
  • Signage must provide that any vehicle parked in violation of the parking regulations is subject to towing at the vehicle owner's expense.

Additionally, this new law required that notice of parking regulations be provided to all vehicle operators when the vehicle enters the private property.  Ideally, the parking rules (or a summary thereof) are posted at the HOA entrances or in the parking areas themselves so they be readily seen by anyone who parks a vehicle in the community.

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