Yes, an HOA can tow your car from your driveway, but only when the community’s Declaration of Covenants, Conditions, and Restrictions specifically grants that power and the board follows every required notice and hearing step first. The authority comes from the contract you signed when you bought the home, not from the HOA’s status. If the CC&Rs don’t cover the violation, or the board skipped a required step, the tow may be improper and you can pursue reimbursement.
Where the Towing Authority Comes From
When you buy in a planned community, you agree to follow the CC&Rs. That document works like a contract between you and the association and often extends beyond shared streets and guest lots into driveways, front yards, and garages. If the CC&Rs authorize towing for parking violations, that is the legal basis. If they don’t, the HOA generally has no power to remove a vehicle from your private driveway.
State and local towing laws add a second layer. Many jurisdictions impose their own rules for nonconsensual tows from private property, including signage requirements, minimum notice periods, and fee caps. A tow that satisfies the CC&Rs but violates state law can still be improper, and both the HOA and the towing company have to comply.
Before assuming a tow was legal or illegal, pull your CC&Rs. The answer is almost always in there.
Violations That Typically Justify a Tow
The conduct being penalized has to be identified as a violation in the governing documents. A board member’s opinion that your truck is too big doesn’t count if the CC&Rs don’t address vehicle size. That said, a handful of violations show up repeatedly:
- Inoperable vehicles — flat tires, expired registration, or visible disassembly. Most CC&Rs require removal after a set period.
- Prohibited vehicle types — commercial vehicles, RVs, boats, and trailers are commonly restricted, though the definition of “commercial vehicle” varies widely.
- Improper parking location — on a lawn, blocking a sidewalk, or extending past the driveway onto common areas.
- Fluid leaks and driveway staining — some CC&Rs require homeowners to clean stains or repair the source of a leak after being notified.
Steps the HOA Must Follow Before Calling a Tow Truck
This is where most HOA towing disputes are actually decided. Even when a real violation exists, the board has to move through a specific sequence.
First comes formal written notice identifying the exact violation, citing the specific CC&R provision, and giving you a reasonable deadline to fix it. Some governing documents specify 10 days, others 30. State and local laws often set their own minimum notice periods for nonconsensual tows from private property, and these can range from a few days to several weeks. The notice should arrive in a way that creates a paper trail: certified mail, hand delivery with a signature, or posting on the property with documentation.
Many CC&Rs also guarantee a hearing before the board where you can explain your side. This is not a formality. If your documents include a hearing right and the board towed your car without offering one, that procedural failure alone can invalidate the tow.
The board should also specifically authorize each tow rather than handing a towing company blanket permission to patrol and remove vehicles at its own discretion. General “enforce our parking rules” contracts tend to go badly for the HOA when challenged.
Disability Protections That Override HOA Parking Rules
Federal law can override the CC&Rs in your situation. The Fair Housing Act makes it illegal to refuse a reasonable accommodation in rules or policies when that accommodation is necessary for a person with a disability to have equal opportunity to use and enjoy their home.1Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing and Other Prohibited Practices Courts have consistently applied this to HOAs.
If you need a specific vehicle in your driveway because of a disability, such as a modified van that doesn’t fit in the garage, the HOA may be required to grant an exception to its vehicle restrictions. The same logic applies to requests for an assigned space close to your unit even where the HOA doesn’t normally assign spaces. A joint HUD and Department of Justice statement gives the example of a resident with a mobility impairment requesting an assigned accessible space near her entrance and confirms the housing provider must grant that exception.2U.S. Department of Housing and Urban Development. Joint Statement of the Department of Housing and Urban Development and the Department of Justice – Reasonable Accommodations Under the Fair Housing Act
Submit the request in writing. If your disability and the need for the accommodation are both obvious, the HOA can’t demand medical documentation. If the disability is apparent but the connection to the parking request isn’t, the HOA can ask only for information necessary to evaluate the disability-related need.2U.S. Department of Housing and Urban Development. Joint Statement of the Department of Housing and Urban Development and the Department of Justice – Reasonable Accommodations Under the Fair Housing Act Towing a vehicle covered by an approved or pending accommodation request puts the HOA in serious legal exposure.
Protections for Active-Duty Servicemembers
Under the Servicemembers Civil Relief Act, no lienholder — including a towing company holding a storage lien on your vehicle — can enforce that lien during a servicemember’s military service or for 90 days afterward without first getting a court order. For a civilian, the storage lien means the towing company can eventually auction the car. For a deployed servicemember, the SCRA blocks that sale. Knowingly violating this protection is a federal misdemeanor punishable by up to one year in prison.3Office of the Law Revision Counsel. 50 USC 3958 – Enforcement of Storage Liens If you’re on active duty and your HOA is threatening a tow, notify the HOA and any involved towing company of your status in writing.
What to Do Right After the Tow
Contact the HOA or its management company immediately for the name and location of the towing company. Then retrieve your car as quickly as possible, even if you plan to fight the charges. Storage fees accumulate daily, typically $25 to $50 or more per day depending on the area, on top of an initial tow fee that can run roughly $150 to $350 or higher. Some jurisdictions cap these amounts; many don’t.
When you pick the vehicle up, get an itemized receipt that breaks out the tow fee, each day of storage, and any administrative charges. Some states require towing companies to provide itemized invoices, but ask for one rather than assume. Note if the company refuses to show you a fee schedule or demands cash only — some state laws require multiple payment methods.
Photograph the car’s condition at the lot. If there’s damage that wasn’t there before, document it and report it in writing to the impound staff on the spot. Towing damage is a separate claim against the towing company.
Challenging an Improper Tow
Once you have the car back, pull your CC&Rs, any board meeting minutes referencing the tow, the parking rules, and every notice you received. Walk the timeline: When did the first notice arrive? How many days passed before the tow? Were you offered a hearing? Did the CC&Rs actually prohibit what you were doing? Procedural corners get cut often.
Start with a written demand letter to the board. Attach the CC&R language, identify the procedural failure or the missing violation, and request reimbursement for the tow fee, storage, and other costs. Many HOAs settle at this stage.
If the board refuses, check whether your governing documents or state law require mediation or arbitration before a lawsuit. Some do. Once any required step is out of the way, small claims court is the practical route for towing costs. You present the CC&Rs, the timeline, the notices or lack of them, and your receipts to a judge. The dollar amounts rarely justify a lawyer, and small claims is built for exactly this.
Why You Shouldn’t Leave the Car in Impound
Storage fees keep running every day the car sits there. After a period set by state law, often 30 to 90 days depending on the jurisdiction, the towing company can typically file for a lien on the vehicle. Once approved, the company can auction the car to cover its fees. You lose the vehicle, and in some states you may still owe the balance if the sale doesn’t cover the accumulated charges. Pay under protest, get the car out, and pursue reimbursement afterward.