Prohibiting the storage of inoperable vehicles is common in HOA Rules & Regulations. This rule was challenged by an owner whose disabled car, which sat in his parking space for four years, was towed. The owner sued and lost. He then appealed and lost.
The Court of Appeals found nothing unreasonable about prohibiting the open, long-term parking of disabled vehicles. The Court ruled that associations are "perfectly reasonable in prohibiting this unsightly intrusion upon the aesthetics
of their common interest development.” (Sui v. Price
Moreover, associations may employ towing as a means for enforcing parking rules since towing is specifically authorized by law:
Vehicle Code section 22658, subdivision (a), permits an
association of a common interest development to remove a vehicle parked
on the property under a variety of circumstances, including the giving
of notice of the parking violation, and the lapse of 96 hours after such
notice. (Sui v. Price)
CAUTION: Before using towing as a means of parking enforcement, associations must first establish proper signage on the property and follow the procedures required by the statute.
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter