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JoseS2
(California)
Posts:26
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| 08/21/2008 9:48 AM |
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| If we live on private streets and have No signs posted about parking/towing inside our gates can the board tow a car without notice? My board says yes but the law says it must be posted. The boards response is that the vehicle seems to be abandoned so they can. I wonder if they can't even find a tow company to tow. |
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NancyL4
(California)
Posts:19
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| 08/21/2008 11:33 AM |
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Your city may have rules on towing from private property. Here is what CA says about towing: (there's more if you want to check that particular cose section).
TOWING OF VEHICLES
§22658. Removal from Private Property
(a) The owner or person in lawful possession of
private property, including an association of a common
interest development as defined in Section 1351 of the
Civil Code, may cause the removal of a vehicle parked
on the property to a storage facility that meets the
requirements of subdivision (n) under any of the
following circumstances:
(1) There is displayed, in plain view at all
entrances to the property, a sign not less than 17 inches
by 22 inches in size, with lettering not less than one
inch in height, prohibiting public parking and
indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the
local traffic law enforcement agency and the name and
telephone number of each towing company that is a
party to a written general towing authorization
agreement with the owner or person in lawful
possession of the property. The sign may also indicate
that a citation may also be issued for the violation.
(2) The vehicle has been issued a notice of parking
violation, and 96 hours have elapsed since the issuance
of that notice.
(3) The vehicle is on private property and lacks an
engine, transmission, wheels, tires, doors, windshield,
or any other major part or equipment necessary to
operate safely on the highways, the owner or person in
lawful possession of the private property has notified
the local traffic law enforcement agency, and 24 hours
have elapsed since that notification.
(4) The lot or parcel upon which the vehicle is
parked is improved with a single-family dwelling.
(b) The tow truck operator removing the vehicle, if
the operator knows or is able to ascertain from the
property owner, person in lawful possession of the
property, or the registration records of the Department
of Motor Vehicles the name and address of the
registered and legal owner of the vehicle, shall
immediately give, or cause to be given, notice in
writing to the registered and legal owner of the fact of
the removal, the grounds for the removal, and indicate
the place to which the vehicle has been removed. If the
vehicle is stored in a storage facility, a copy of the notice
shall be given to the proprietor of the storage facility.
The notice provided for in this section shall include the
amount ofmileage on the vehicle at the time of removal
and the time of the removal from the property. If the
tow truck operator does not know and is not able to
ascertain the name of the owner or for any other reason
is unable to give the notice to the owner as provided in
this section, the tow truck operator shall comply with
the requirements of subdivision (c) of Section 22853
relating to notice in the same manner as applicable to
an officer removing a vehicle from private property.
(c) This section does not limit or affect any right or
remedy that the owner or person in lawful possession
of private property may have by virtue of other
provisions of law authorizing the removal of a vehicle
parked upon private property.
(d) The owner of a vehicle removed from private
property pursuant to subdivision (a) may recover for
any damage to the vehicle resulting from any
intentional or negligent act of any person causing the
removal of, or removing, the vehicle.
(e) (1) An owner or person in lawful possession of
private property, or an association of a common
interest development, causing the removal of a vehicle
parked on that property is liable for double the storage
or towing charges whenever there has been a failure to
comply with paragraph (1), (2), or (3) of subdivision (a)
or to state the grounds for the removal of the vehicle if
requested by the legal or registered owner of the
vehicle as required by subdivision (f).
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PatrickH
(California)
Posts:197
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| 08/23/2008 9:06 AM |
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Jose,
Nancy's info was spot on. California recently changed the laws about towing vehicles off of private property. My HOA had to replace our No Parking signs to meet the exact dimensions of the signs and the lettering on the signs as required under the new law.
Your HOA may be having a hard time finding a towing company because these signs aren't displayed on your property. Several towing comapnies in California were sued over towing issues, which led to the new law. Tow companies don't want to be sued, so they will probably refuse to tow a vehicle from a property that doesn't have signs complying with this new law. |
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MaryA1
(Arizona)
Posts:2485
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| 08/23/2008 11:23 AM |
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Jose,
The board should not be making the determination as to whether a vehicle is abandoned. Only the P.D. can make that determination by running a check on the plates. When I see a vehicle parked on the street for several days, I call the P.D. to report an abandoned vehicle. They will check it out and take the appropriate action. |
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NancyL4
(California)
Posts:19
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| 08/23/2008 12:02 PM |
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| Our city has specific rules. If a vehicle is parked for 72 hours on a public street, it is considered abandoned and the police can be called to tow the vehicle. On a private road or driveway, the police will not tow. Our association has to use a private towing company. The vehicle can only be towed after 1 hour has elapsed (our city rules) unless it is parked in a fire lane or blocking our driveway entrance or exit and it can be towed immediately. We have never had to tow, but we do have the proper signage in place. |
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