Does our association have the authority to tow vehicles?
I recently heard from a condo association board which is considering a measure regarding towing vehicles. There are certain things that boards must consider before entertaining such a measure.
In most condominiums, an owner or lessor of private property must post a notice that meets the following requirements before authorizing the towing or removal of a vehicle from real property without the consent of the owner or other person who is legally entitled to possess a vehicle:
(a). The notice shall be prominently displayed at a point of entry for vehicular access to the real property. If the real property lacks curbs or access barriers, not less than one notice shall be posted for each 100 feel of road frontage.
(b). The notice must clearly indicate in letters not less than 2 inches high on a contrasting background that unauthorized vehicles will be towed at the owner’s expense.
(c). The notice must provide the name and telephone number of the towing service for towing or removing vehicles from that property.
(d). The notice must be permanently installed with the bottom of the notice located not less than 4 feet from the ground and is continuously maintained on the property for not less than 24 hours before a vehicle is towed or removed.
Even though an association meets the above conditions, caution should be taken by any association utilizing self help remedies in regard to removing a vehicle unless there is an emergency. The association should also consult with a knowledgeable community association attorney before taking such action.