How to Manage Towing Issues in a Community Association
As a community association manager or board member, you know that one of your main goals is to make your members feel at home. That begins with ensuring that everyone within your association knows and respects the rules, which are geared toward making every owner’s life safe, peaceful, and predictable. A common area where problems occur is illegal parking.
What is Towing?
Towing is the removal of a vehicle from a private or public property by a tow truck. Towing is often used to enforce parking regulations, such as those that prohibit parking in handicapped spaces or in fire lanes.
Why is Towing Important for Community Associations?
Towing is important for community associations because it helps to:
- Enforce parking regulations. By towing vehicles that are illegally parked, community associations can help to ensure that parking spaces are available for residents and guests.
- Keep the community safe. Illegally parked vehicles can create hazards, such as blocking fire hydrants or blocking access to driveways. Towing these vehicles can help to keep the community safe.
- Maintain the community’s appearance. Illegally parked vehicles can make a community look unkempt. Towing these vehicles can help to improve the community’s appearance.
How to Manage Towing Issues
If you are a community association manager or board member, there are a few things you can do to manage towing issues:
- Create a towing policy. Your towing policy should clearly state the circumstances under which vehicles will be towed. It should also specify the fees that will be charged for towing.
- Sign a contract with a towing company. Your towing contract should specify the rates that the towing company will charge, as well as the procedures that the company will follow when towing vehicles.
- Post “No Parking” signs. “No Parking” signs can help to discourage people from parking illegally.
- Enforce the rules. If you see someone parking illegally, you should issue them a warning or a citation.
- Be fair and consistent. When you tow a vehicle, you should be fair and consistent with your enforcement of the rules. If you only tow some vehicles and not others, you may be accused of discrimination.
- Be transparent. When you tow a vehicle, you should be transparent with the owner of the vehicle. You should provide them with a copy of the tow order and the reason for the tow.
- Be compassionate. Sometimes, people park illegally for reasons beyond their control. If you have a resident who is struggling to pay their parking fees, you may be able to work with them to find a solution.
Florida Statute for Towing Vehicles
Florida Statute 715.07 is a law that allows community associations to tow vehicles that are illegally parked on their property. The law defines “illegally parked” as any vehicle that is parked in a space that is not designated for its use, or that is parked in a way that blocks traffic or creates a hazard.
The law also requires community associations to follow certain procedures when towing vehicles. These procedures include:
- Posting signs that indicate that unauthorized vehicles will be towed.
- Obtaining a permit from the local law enforcement agency before towing a vehicle.
- Providing the owner of the towed vehicle with a written notice of the tow and the reason for the tow.
- Restoring the towed vehicle to its original location within a reasonable period of time.
Community associations that violate the law may be liable to the owner of the towed vehicle for damages.
Here are some additional things to keep in mind about Florida Statute 715.07:
- The law applies to all community associations, including condominium associations, homeowners associations, and cooperative associations.
- The law does not apply to vehicles that are parked on public streets.
- Community associations may have additional rules and regulations governing towing.
If you have any questions about Florida Statute 715.07, you should contact your community association manager or an attorney.
Conclusion
Towing is a complex issue, but it is important for community associations to have a plan in place to deal with illegal parking. By following the guidelines outlined above, you can help to keep your community safe and orderly.
Additional Information
- In some cases, community associations may be required to tow vehicles by law. For example, many states have laws that require community associations to tow vehicles that are parked in handicapped spaces without a valid placard.
- Community associations may also be able to tow vehicles that are abandoned or that are in violation of other parking regulations.
- When towing a vehicle, community associations should follow the procedures outlined in their towing policy and in their contract with the towing company.
- Community associations should also be aware of the laws and regulations governing towing in their state.
Resources
Homeowners Associations & Trespass Towing
