Legal Rights and Responsibilities of Homeowners’ Association (HOA) in Towing Non-Compliant Cars: Understanding Your CCRs

In California, the legality of a Homeowners Association (HOA) towing cars parked in front of homes can be complex and often depends on the rules outlined in the Community Compiler Record (CCR).

Understanding Your CCRs

Homeowners are advised to read their Community Compiler Records (CCRs) thoroughly. These documents contain detailed rules and regulations that govern the community, including parking and towing policies. It is crucial to understand these documents as they can provide clarity on the actions that an HOA is legally entitled to take.

Park and Towing Scenarios

Several scenarios can lead to a car being towed by the HOA. These include:

If the CCR explicitly prohibits the parking of non-operational vehicles in front of homes. If the CCR states that non-operational vehicles are not permitted in driveways. If the CCR specifies that the roads within the community are owned by the HOA, giving them the authority to make rules for these roads. If the curb in front of your home is painted red, which typically designates a Tow Zone. If the road in front of your home is a designated fire lane, which is a Tow Zone. If you have a designated parking space and you are using a neighbor’s space without permission.

In all these cases, the HOA has the authority to tow vehicles in violation of the CCRs.

Limitations of HOA Authority

It is important to note that an HOA is not a legal authority with the right to forcibly enter premises, issue fines, or act as a law enforcement officer. These powers are reserved for state and federal authorities. The HOA's primary role is to record and report violations to the appropriate legal authorities.

The document states, "An HOE is NOT a legal authority or has the legal power to tow anything, forcibly enter onto or into a premises issue fines or tickets, or act as any form of Law Enforcement Officer, until they have been granted that legal power by the State and Federal Authorities."

Registration and Insurance Requirements

A vehicle cannot be placed on the road without valid registration tags or a temporary permit as required by law. In many states, a vehicle must also have insurance to be driven on public roads. Furthermore, a car may not be on the road if it has any of the following issues:

Engines or parts missing or failing to work properly. Fluid leaks. Broken or missing bumpers, doors, glass, or other safety features. No working brake lights, turn signals, or headlights. Excessively noisy operation. Significant fuel or oil consumption. Occurrences of brake failure.

Violation of these conditions can result in the vehicle being towed by the HOA as per the terms of the CCRs.

Owner Responsibility

Homeowners must be aware of the rules and regulations before purchasing property within an HOA-managed community. Understanding the CCRs is crucial for avoiding potential towings and fines.

As always, read your documents carefully. The streets in the community are either public streets, or they are owned and maintained by the HOA. In the former case, unregistered vehicles can be towed, and the police will often respond to complaints. In the latter case, the HOA can enact rules requiring that any vehicle on the streets must be legally registered and insured and not disabled or dismantled.

Conclusion

Homeowners in California should ensure they have a thorough understanding of the CCRs in their community to avoid any towing by the HOA. By reading and familiarizing themselves with the rules, homeowners can ensure compliance and avoid potential fines and inconveniences.

Key takeaways:

Read and understand the CCRs to know the rules and regulations of your HOA. Homeowners are not legally allowed to tow vehicles unless granted authority by state and federal authorities. Ensure your vehicle is registered, insured, and in proper working condition to avoid penalties and towings. Knowing the parking rules and regulations in your HOA community can prevent disputes and violations.