Encinitas Property Management - To Tow Or Not To Tow?

To tow or not to tow? Property Management for Homeowner Associations

Towing is a sensitive issue within any community. Firstly, it is important for all members to be provided with; and understand the rules regarding the issue, in order to prevent the towing of a vehicle. Here are several reasons that a vehicle may be towed:

*The vehicle is parked by a 'tow away sign'
'Tow away signs' are designed to stand out visually; bright colors are normally used to make the sign obvious to drivers. Being aware of signs that are posted around you can prevent towing, and if a sign is posted that is obvious, and a driver parks there regardless of this fact, then there is no argument that the driver is at fault. In the event that your vehicle may be towed, the sign itself will provide the contact information that you will need, in order to obtain your vehicle.

*The vehicle is parked in a 'disabled' spot, but does not display a 'disabled' parking sticker
Parking in a 'disabled spot' or on 'blue lines' requires a 'disabled sticker' to be displayed. In the event that the vehicle does not display a valid 'disabled' parking sticker, then the vehicle can be towed. Disabled parking spaces are strictly for drivers with 'disabled' parking stickers only.

*The vehicle is parked in another person's allocated parking space
Not all Homeowners' Associations have allocated parking spaces for all of its residents, however a lot of them do. In some cases the owner actually owns the space itself, in other cases the Homeowners' Association allocates the parking spaces to the relevant resident. To park in someone else's designated spot, whether it be due to a guest parking there, or for whatever other reason, is violating the rules, and therefore the vehicle can be towed.

*The vehicle's registration has expired
If a vehicle's registration has expired, and someone informs a towing company of this, then the vehicle can be towed. If the Homeowners' Associations' CC&R's state that all vehicle registration must be kept current, then this expired registration would be violating these rules, and an additional fine may be imposed. Hence, the importance of keeping all vehicle registration up-to-date.

*The vehicle itself is inoperable
If a vehicle is inoperable or un-road-worthy, and is left parked it may be towed. In some cases it may be a hazard for example, leaking fluids it may randomly ignite, or be dangerous in another way.

*The vehicle has been abandoned
If a vehicle has been abandoned, then it can be towed.

*The vehicle does not display a visible parking sticker, when the rules claim they must do so.
If the rules claim that the vehicle must display a visible parking sticker, and the vehicle does not, then this is violating the rules, and it can be towed, and in some cases depending on the Homeowners' Association Rules and Regulations, an extra fine may be applicable.

Please note that other rules may be applicable to an association that may have not been mentioned. The crucial element to note here is that the 'published rules' are dependent on the association, and in order to prevent towing, members should be provided with, and therefore be made aware of these rules. This will protect the association, should legal action be taken against them, by a person who feels they have been 'wrongly' towed.

Finally, in the event that a vehicle is towed, the selection of a towing company and its signage/policing behavior is important. For instance, it would be ideal to choose a company that would support the association in the case of an error in judgment being made.

Following these guidelines should ensure an effective towing policy.