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BARNACLES & DENVER BOOTS

When it comes to parking violations, associations cannot use devices to immobilize a vehicle such as wheel clamps and barnacles. In an August 12, 2004 Opinion, California's Attorney General decided that immobilizing a vehicle would be considered "tampering" under the general prohibition found in Vehicle Code § 10852. In the AG's opinion, placing a sign at the entrance to a parking lot describing the booting of vehicles would not be sufficient to protect against a tampering violation.

The Barnacle. The Barnacle is a device attached to the windshield of a vehicle, obscuring the driver's side view, making driving the vehicle dangerous and illegal, effectively immobilizing the vehicle. The Barnacle is secured to the windshield and, once engaged, sounds an alarm if the vehicle is moved or the device is tampered with.

Denver Boot. "A "boot," or "Denver boot," is a large metal clamp that attaches to a vehicle's wheel, preventing the vehicle from being driven.

Recommendation: Because immobilizing a vehicle as prohibited under Vehicle Code § 22651.7(b), boards should work with legal counsel to establish proper signage and rules for towing vehicles. 

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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