| Vehicle Towing from an HOA |
Summary: This bill repeals Vehicle Code section 22658.2 which regulates towing vehicles from common interest developments. It revises Vehicle Code section 22658 to include common interest developments and imposes many new requirements on towing companies. The bill�s primary purpose is to address perceived abuses by towing companies. The aspects of the bill which may impact associations include: 1. The signs which must be posted at all entrances to the community must now include the name and telephone number of each towing company that is a party to written general towing authorization agreement with the association. 2. If the association hasn�t posted the required signs at the entrances, the association may have a vehicle towed by issuing a citation then towing after 96 hours have elapsed. (Assuming the vehicle is still parked in the community.) The association may also have a vehicle towed if it lacks an engine, transmission, wheels, tires, doors, windshields or other major part or equipment necessary to operate safely on the highways, after notifying the local traffic law enforcement agency and letting 24 hours elapse after that notice. 3. When the association causes the removal of a vehicle, an representative must contact the local traffic law enforcement agency within one hour of authorizing the tow. An association representative or the tow truck operator must state the grounds for the tow if requested by the vehicle owner. 4. When the association authorizes a tow, the towing company is not responsible in a situation relating the validity of the tow. 5. If the association authorizes a tow which doesn�t comply with #1 or #2 above or fails to state the grounds for the tow when requested by the owner , the association is liable for double the storage or towing charges. 6. Upon an owner�s request, the towing company must release a vehicle that is not yet removed from the community and in transit. 7. The towing company cannot remove a vehicle without first obtaining written authorization from an association representative or the owner of the lot. The person authorizing the tow must be present at the time of the tow and verify the alleged violation but doesn�t have to be physically present where the vehicle is located. The written authorization must contain certain specified information, including vehicle information, name, signature, address and telephone number of the person authorizing the tow, grounds for removal, time when the vehicle was first observed parked at the community, and the time the tow was authorized. If the towing company gives a copy of the authorization to the vehicle owner, the information regarding the person authorizing the tow must be redacted. 8. A towing company can only be given a general authorization to tow vehicles parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to or exit from, the community. By Susan M. Hawks McClintic, Esq. |
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| Effective Jan 1, 2007 |