HOA Towed Your Car? When Towing Is and Isn't Allowed in California

You walked outside to find your car gone — no warning, no notice on your door, nothing. Or maybe you did get a notice, but it felt sudden, confusing, and completely unfair. Either way, having your vehicle towed from your own community is a jarring experience, and it's completely reasonable to want answers. California law has specific rules about when and how an HOA can authorize a tow, and homeowners who know those rules are in a much better position to push back if something went wrong.

What State Law Generally Says

California's rules for towing from private property — including HOA communities — are primarily governed by the California Vehicle Code, but the overall framework for HOA authority and enforcement sits within the Davis-Stirling Common Interest Development Act (California Civil Code §4000 et seq.). Davis-Stirling sets the ground rules for how an HOA can exercise power over its members, including enforcement of parking restrictions. Under this framework, an HOA's authority to tow is generally limited to what is expressly permitted in the community's recorded Covenants, Conditions & Restrictions (CC&Rs) and any accompanying parking rules — and even then, state law places meaningful guardrails on how that authority can be exercised.

On the notice and signage side, California Vehicle Code §22658 is the key statute governing towing from private property. It generally requires that before a vehicle can be removed from private property, specific conditions must be met: signs must be posted at each entrance to the property, must be visible and meet minimum size and content requirements (including the tow company's name and phone number), and the property owner or their agent must typically authorize the tow. When an HOA or its management company initiates a tow without meeting these baseline requirements, the tow may not comply with what the statute appears to require. That doesn't automatically resolve your dispute — the facts of your specific situation matter — but it is a meaningful starting point for organizing a written response.

Beyond towing specifically, California Civil Code §5855(b) generally requires that when an HOA takes enforcement action, the violation notice must cite the specific CC&R provision being enforced, and the HOA must enforce its rules consistently and uniformly across all members. If your vehicle was towed but a neighbor's similarly parked car was not, that selective enforcement pattern may be worth documenting. Additionally, if the HOA imposes any monetary charge related to the tow — such as an administrative fee or fine layered on top — California Civil Code §5855(a) generally requires at least 10 days' prior written notice of a hearing before any fine can be imposed. And as of June 30, 2025, AB 130 amended §5850(c) to cap HOA monetary penalties at $100 per violation unless the violation poses an adverse health or safety impact. If you've been assessed fees beyond that amount in connection with the tow, that cap may be relevant to how you respond. You can get broader context on HOA fines by state to see how California compares.

Steps a Homeowner Can Consider

1. Document Everything Right Away

As soon as you realize your car was towed, start building a written record. Note the exact date and time you discovered the vehicle missing. If you can return to the parking area, photograph or video the space where your car was parked, any posted signage (or the absence of it), and any nearby curbs, markings, or notices. If there are neighbors or witnesses who saw what happened, consider writing down their contact information. Detailed, timestamped documentation is often the foundation of an effective written dispute, especially if you need to show what signage was or was not present at the time of the tow.

2. Retrieve the Tow Company's Records

Under California Vehicle Code §22658, the towing company is generally required to keep records of who authorized the tow. You may want to contact the tow company in writing and request documentation of the authorization — specifically, who from the HOA or management company authorized the removal, at what time, and on what basis. Ask for a copy of any authorization form they have on file. Getting this in writing gives you a clearer picture of whether the required authorization process was followed and can help you frame your response letter accurately.

3. Pull Your Governing Documents

Request or locate your community's CC&Rs, parking rules, and any notices that were sent to residents about parking enforcement. Look for the specific language authorizing towing and any procedures the HOA is supposed to follow before initiating a tow. Under California Civil Code §5855(b), any enforcement action generally needs to reference a specific CC&R provision. If the tow notice or any follow-up communication from the HOA doesn't cite chapter and verse from your governing documents, that may be worth including in a written response. Understanding what HOAs can legally enforce can help you read those documents with a more informed eye.

4. Submit a Written Records Request

California Civil Code §5210 generally requires that an HOA respond to member inquiries within 10 business days. Consider sending a written request — by certified mail with return receipt, so you have delivery confirmation — asking the HOA to produce: the specific CC&R provision that authorized the tow, documentation of the signage in place at the time, the name of the person who authorized the removal, and any prior notice sent to you about the parking violation. Keep a copy of everything you send. A written records request creates a paper trail and puts the HOA on notice that you are organized and paying attention.

5. Submit a Formal Written Dispute

If you believe the tow did not follow proper procedures — or if the HOA is now trying to impose fines on top of the tow — consider submitting a formal written dispute letter that references the applicable statutes. Your letter might note that California Vehicle Code §22658 appears to require specific signage and authorization steps, that §5855(b) requires citation of a specific CC&R provision in enforcement actions, and that any monetary fine above $100 per violation may not comply with the cap established under §5850(c) as amended by AB 130. Frame your letter around the documented facts and the relevant statute language — not accusations. A clear, statute-referenced letter often carries more weight than an emotional complaint. For more on this process, see how to appeal an HOA fine.

When to Talk to a Licensed Attorney

Self-help tools work well for organized written disputes over fines, procedural missteps, and documentation requests. But some situations move beyond what a well-written letter can resolve. If the HOA has placed a lien on your property, threatened foreclosure, or initiated any kind of legal proceeding against you in connection with this dispute, those are situations where you may want to consult a licensed California attorney before taking any further steps on your own. The same applies if you believe the towing was connected to retaliation for a previous complaint you filed, or if you believe you are being treated differently than other homeowners in a way that raises fair-housing or discrimination concerns.

If the financial stakes are significant — for example, if you lost income because you couldn't get to work, or if you're facing large administrative fees that the HOA refuses to reduce — it may also be worth getting a professional opinion before deciding how to proceed. California Small Claims Court allows individuals to pursue claims up to $12,500 without an attorney, which can be an option for some towing-related financial losses, but understanding whether your facts support that route is a conversation worth having with someone licensed to give you legal advice. To understand the broader picture of what your HOA can and cannot do, the guide on what your HOA can and cannot do is a useful read.

Your Next Step

You now have a clearer picture of the legal framework around HOA towing in California — the signage requirements, the authorization rules, the fine caps, and the procedural steps your association is generally expected to follow. That context alone puts you in a much