Can a homeowner's association tow your car from your own driveway?

Interesting question. If it says in the covenants that cars are not allowed to be parked in driveways, certainly they can send a note reminding you of the rule, and asking you to put the car in the garage. It might say cars will be towed that are not removed by the owner. I can’t imagine if cars are allowed to be parked in driveways that they would look at the date for the plates, but I guess maybe there could be some sort of rule about it? You have to check the HOA documents.

Does who need permission? Who towed the vehicle? Who called the tow company? Are there signs posted? It is sorta of vague to me, @AshlynM. : * sorry

@bkcunningham Why would there be a sign on a private driveway?

There is very likely a bylaw of the condo or co-op association saying that all cars parked in the complex must be registered, and they might not tow you, but they could probably impose a fine (which would be specified in the bylaws) on a daily basis, which would add up quickly. They have rules like that so that people don’t have unregistered cars sitting around looking crappy on the property that everyone has to look at and affects the appearance of the whole place.

@JLeslie, haven’t you ever seen posted property? Property that has signs that say various things like, No Hunting, No soliciting, No smoking, No trespassing, Private property, No dumping, Don’t swing on gate…?

Plus, the police can come onto your private property. They can also take your license plates from your vehicle. At least in Virginia. I have never had this happen to me. But even at my poorest state, I knew you had to keep your registration and plates upto date.

As far as towing, I’d just like to know who called and under what law. I can’t imagine they can take your personal property for expired plates. Take your expired plates? Yes. Your car? No. Tow your car if the parking area is somehow private property belonging to the HOA? I dunno.

@bkcunningham So you are saying there would be a sign put up by the HOA in my driveway not to park cars? It doesn’t matter if there isn’t a sign, it matters what the HOA rules are.

You don’t have to keep your registration up to date if you aren’t driving the car maybe? Might depend by state. Virginia is one of those states that levies a property tax on your car if I remember correctly, so maybe you have to always have all cars with current plates?

Yes, @JLeslie. Or you would have signed covenents and/or deed restrictions. You have to sign paperwork recognizing there are deed restrictions recognizing an HOA.

@bkcunningham Exactly. That is what the question implies. The OP wants to know if the HOA can tow from someones driveway.

That is why I asked her who was authorized to tow the vehicle. There has to be a specific person named in the HOA covenents. Yes, the HOA can appoint a specific person to enforce their covenents against a homeowner or tenent who is part of the HOA. If the HOA covenents and deed restrictions specifically outline that vehicles will be towed which have expired license plates, yes, they can tow your vehicle. But they have to authorize a person to be responsible for calling and who they will call and where your vehicle will be and other rules and restrictions outlined in the contract. Make sure that rules you signed for and allowed are carried out. correctly. That is part of your job of living there.

To the best of my knowledge, Private property tows have to be approved by a police officer and are also costly to the person requesting the tow. You can always just call a local towing company and ask them….?

My understanding is that HOAs can do whatever they damn well please regardless of legality.

I know many places take an especially dim view of unregistered vehicles, and that my car would not even be allowed in many neighborhoods (especially not if I parked it) as it would be considered an eyesore.

You really have to check your local HOA covenants and laws to see what action is available to them.

Our current HOA and most I’ve encountered, including some in NOVA, usually restrict themselves to increasingly “threatening” (or amusing if you like tormenting them) notices except where public parking, or curb side, or assigned spaces are concerned – there they can and will tow with varying degrees of notice depending on circumstance.

With that said I’ve yet to encounter one that would dare tow a car (trucks and work vehicles however might be different) out of a property owners driveway without multiple warnings/notices/etc that would be a all but impossible to miss.

Just a thought…..........have you called the police to make sure your car is not in their tow in lot? Also, it could have been stolen.

@bkcunningham We don’t know if any car has been towed. We don’t know if the question is a hypothetical. We don’t know if the OP received a notice from her HOA with a threat of towing. We don’t know much. I know how an HOA works I was a raltor in FL HOA heaven, condo commando paradise. I even grew up in Montgomery Village, MD coined as the second planned community in the United States. I have had HOA rules basically my whole life. I don’t quite understand why you are explaining to me when I myself told the OP it depends on her HOA rules. Where I grew up in MD, and where I lived last in FL, homeowners could not have pickup trucks in front of their houses or in their driveways. My guess would be they probably could tow, or eventually would get you to move. A homeowner in a neighborhood of mine several years ago in FL had to move because she had three dogs and the limit was two. I’m not exactly sure how they forced the action once she is already living there, but they did it.

@JLeslie As I said, they can do as they damn well please regardless of legality.

@jerv Haha. Well, they certainly do try. Some things have been specifically adressed by the law or there has been a law suit to clearly define what is or is not allowed. But, until things are challenged, the HOA can get away with it. Kind of like states having laws to get around or go against federal law, and finally it gets challenged all the way up to the supreme court and the state finally has to do what is constitutional. But, I digress.

In FL an HOA cannot prohibit rooftop solar panels is an example where FL law has made it very clear to HOA’s what is legal regarding that particular issue.

No, the vehicle is not managed by the association. I would raise hell.