Anyone try "denver boot" or "tire locks?" for parking enforcement?

Started by DawnL • 11 replies • 1920 views

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DawnL (California)
Posts: 37

Posted:

Hi all,

I'm part of a small HOA, 12 units in California. We've attempted to enforce parking rules by towing, but that has proven to be inefficient and ineffective. After waiting for several hours for the tow truck to arrive (usually late at night) the violator hears the truck engine and appears before the car is hooked up. No fine, no tow, wasted time for our volunteer parking personnell (who happens to be my husband).

Anyone try the "tire lock" or "denver boot" as it is sometimes called? We'd like to require a $50 "service charge/fine" for removal.

Is it legal? I've noticed that some CCR's actually delineate "immobilization" as an enforcement option.

Any insights would be greatly appreciated!

Thanks so much, have learned so much from reading everyone's posts.

Dawn in CA

RogerB (Colorado)
Posts: 5,067

Posted:

Dawn, when there is a violation of parking rules within the HOA you could establish a fine process and/or a charge for installing and removing a boot. You can establish rules and regulations with an exculating fine amount with repeat violations within any 12 month period. You could try fining first and if compliance is not achieved you could add booting. I would always give the owners advance notice on these rules and regs prior to taking these actions and photograph all violations for documentation.

DawnL (California)
Posts: 37

Posted:

Thanks so much for your suggestions. . .I really appreciate it!

Dawn

KathyS (California)
Posts: 145

Posted:

Dawn,

Refer yourself to California Vehicle Code 22658.1 and 22658.2 for what you can and cannot do.

Remember, if you do something illegal, the Board President can be held liable for four times the amount of the tow.

Kathy

RogerB (Colorado)
Posts: 5,067

Posted:

Kathy, it is always wise to check state regulations. Do the California Vehicle Codes apply on private property? If the parking area is in a common area of the HOA and not public property, I doubt these codes would apply.

DawnL (California)
Posts: 37

Posted:

Kathy,

Thanks so much for referring me to the vehicle codes. . .they specified requirements for towing, but did not mention immobilization as far as I could see.

The only vehicular code I was able to find on immobilization, was regarding officer immobilization for non-payment of multiple tickets.

Not sure what applies to HOA's. Wondering which government entity/official would know the "nitty-gritty" about this sort of thing.

Thanks everyone for any information you might have.

Dawn

MikeS1
Posts: 668

Posted:

Dawn, - We're in Virginia and have considered the idea; however, we just can't find any company that offers this service and you certainly would not want to do this work yourself for many reasons (IE- Liability).

My question is this...If you already have parking rules that regulate these common areas, and know who the violators are, then why can't you go through due process and assess the resident/owners with fines after you've sent your first or second violation letter to the resident/owner?

DawnL (California)
Posts: 37

Posted:

Mike,

Yes, fines are definitely an option. The violators are mostly "tenants" and we anticipate an uphill battle to get payment from them. Of course we can fine the owners as well. Trying to avoid the collection headache.

My husband is the "parking enforcement" volunteer. The "boot" was his idea, so no problem finding someone to do it. Wondering what liabilities there would be, as long as he has a photo and writes the violation in the log? (Seems that the "evidence" can't move, eliminating discrepancies?) All residents (tenants and owners) have been informed in writing that "immobilization" is one option for violations. Signs will be posted if we decide to go ahead and start "booting."

I'm not sure, but it seems like less liability to immobilize than towing the vehicle off the property. Additionally, my husband doesn't have to wait for three hours at 2 am for the tow truck to come, only to have the resident hear the tow truck engine, and come out before the car is hooked. . . no tow. So much time wasted. Very frustrating. (Believe it or not, "almost getting towed" doesn't change their behaviour!)

Are there liabilities to immobilization that I'm unaware of?

Thanks again!

Dawn

BradP (Kansas)
Posts: 2,640

Posted:

Dawn:

The only liability I can think of would be if the boot is not put on correctly and damages the vehicle, or if the owner doesn't see it and tries to drive off, thus damaging the vehicle.

Even though they are in the wrong, we live in a "its not my fault, someone else did this" society.

DawnL (California)
Posts: 37

Posted:

Brad,

One of the companies that sells "tire-locks" also sells flourescent warning/attention stickers to be placed on the driver's window, alerting them to the presence of the lock. I'm hopeful that will deter pleads of "ignorance" in the event they attempt to move the vehicle and incur damage.

We'll see what's decided at the Board meeting tonight.

Thanks for your reply.

Dawn

DavidH3 (Florida)
Posts: 5

Posted:

I am on the Board of a gated community with private roads in Florida and have to fight the same battle. Stickers create ill will and letters and fines are time consuming and ineffective.

Has anyone actually tried this? Any guidence on the legality of immobilizing a vehicle in Florida?

DawnL (California)
Posts: 37

Posted:

David,

Like here in California, I couldn't find much information on the internet about using immobilization for HOA's in Florida. I noticed that Florida uses immobilization for the vehicles of people convicted of DUI's. Also, like California, several universities use immobilization for parking enforcement on their property.

After searching the vehicle codes and finding nothing that would prevent us, we've decided to go ahead and try it. Everyone has been notified in writing, signed will be posted, and we are purchasing a "tire lock" this week. I am optimistic that it will be more effective than fines, letters, and undependable tow services.

Will let you know how it goes!

Dawn

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