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

You walked outside expecting to drive to work, run errands, or pick up the kids — and your car was gone. A note on your door (or nothing at all) tells you the HOA had it towed. That sinking feeling is real, and so is the frustration of not knowing whether the tow was even allowed in the first place. Colorado does have rules about when and how an HOA can have a vehicle removed from common-area parking, and understanding those rules can help you figure out what to do next. This guide walks through the general legal framework, practical steps you can take on your own, and when it makes sense to bring in a licensed attorney.

What State Law Generally Says

Colorado's primary law governing HOA communities is the Colorado Common Interest Ownership Act (CCIOA), found at C.R.S. §38-33.3. CCIOA sets out the basic rights and responsibilities of both associations and homeowners. Under C.R.S. §38-33.3-302, the statute generally requires that an HOA enforce its rules and restrictions uniformly and in good faith. That means an association generally cannot selectively enforce towing rules against some residents while ignoring the same conduct by others. If your HOA towed your vehicle but routinely overlooks similar parking situations for other residents, that selective enforcement pattern may be worth documenting carefully.

Towing itself in Colorado is also governed by state vehicle and property statutes that sit alongside CCIOA. While the specific towing authorization statutes fall outside CCIOA's scope, CCIOA's framework still matters because it shapes what notice an HOA generally must provide before taking an enforcement action. Under C.R.S. §38-33.3-209.5 and §38-33.3-302(1)(a), the statute generally requires that before imposing a fine, an HOA provide written notice of the alleged violation and a 30-day opportunity to cure. Whether an immediate tow — with no prior written notice — is consistent with that framework is a factual and legal question that depends on your community's specific declaration, rules, and the circumstances of the tow. Some declarations give HOAs broader authority to tow in certain situations (like fire lane violations or abandoned vehicles), while others may require notice first. Reading your community's governing documents alongside these statutes is an important starting point. For a broader look at what HOAs can legally enforce, that general guide may give you useful context.

On the records side, C.R.S. §38-33.3-317 generally requires that an HOA respond to records requests within 10 business days, with a 2025 update requiring actual document delivery within 7 business days. This matters because your HOA's towing policy, any towing authorization agreements, and your community's parking rules are records you are generally entitled to request and receive. If the association took action against your vehicle and you have not yet seen the written towing policy they claim authorizes it, requesting those documents in writing is a reasonable first step.

Steps a Homeowner Can Consider

1. Document Everything Right Away

As soon as you discover the tow, you may want to begin building a clear record. Note the exact date and time you discovered your car was missing. If there were any notices posted in the parking area — or notably absent — photograph that location from multiple angles. Were there signs stating towing was enforced? Were those signs clearly visible, properly lit, and posted at each entrance to the parking area? Colorado law and many community declarations require adequate signage before a tow is authorized. Write down what signage existed (or didn't) while the details are fresh. Also document the condition and location of your vehicle when you retrieved it from the tow lot, and keep every receipt you receive from the towing company.

2. Retrieve Your Governing Documents and Towing Policy

Your HOA's authority to tow vehicles — and the procedures it's supposed to follow — should be spelled out somewhere in your governing documents. Consider locating your community's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), your association's Rules and Regulations, and any Parking Policy or Towing Authorization Agreement the HOA has in place. Many communities post these documents on a homeowner portal. If yours doesn't, you can submit a written records request under C.R.S. §38-33.3-317, which generally requires the HOA to provide those documents within 7 business days. Once you have them, look for specific language about what conditions authorize a tow, what notice (if any) is required beforehand, and whether the towing company used is the one named in the authorization agreement.

3. Calculate Your Out-of-Pocket Costs and Request an Itemized Breakdown

Tow fees and storage fees can add up quickly. Keep a running total of every dollar you spent as a direct result of the tow — the tow release fee, daily storage, any transportation costs to reach the lot, and time taken off work if applicable. You may want to send a written request to your HOA asking them to explain in writing the specific rule that authorized the tow, the date and manner of any notice given to you beforehand, and the name of the towing company they contracted with. Sending this request by certified mail with return receipt creates a date-stamped paper trail showing the HOA received your inquiry.

4. Submit a Formal Written Dispute

Most HOA enforcement processes include a homeowner's right to dispute or appeal an action taken against them. Under C.R.S. §38-33.3-209.5, the statute generally requires that homeowners have access to a hearing process for enforcement actions. Homeowners often find it effective to send a written dispute letter that references the specific governing document language and relevant statutes, describes the facts as they experienced them, and requests reimbursement for tow and storage costs if the tow appears to have been improper. A well-organized letter that cites statutes directly and sticks to the documented facts tends to be taken more seriously than a general complaint. For background on how to appeal an HOA fine, the process described there follows a similar structure to disputing a towing action. Send your letter by certified mail and keep a copy.

5. File a Complaint with the Colorado HOA Information and Resource Center

If your HOA refuses to respond or dismisses your dispute without explanation, Colorado homeowners have a state-level resource available. The Colorado HOA Information and Resource Center, which operates under the Division of Real Estate (DORA), accepts complaints from homeowners about HOA conduct. Filing a complaint there creates an official record of your dispute and may prompt a response from the association. DORA does not adjudicate disputes or award damages, but a formal complaint on record can be meaningful context if the situation escalates. You may also want to be aware that Colorado Small Claims Court handles disputes up to $7,500 — which can be relevant if you incurred significant out-of-pocket towing expenses and the HOA declines to reimburse them after a dispute.

When to Talk to a Licensed Attorney

Self-help steps like documenting the situation, requesting records, and sending a dispute letter are well within what a homeowner can reasonably handle on their own. But some situations call for professional legal guidance. If your HOA has placed — or is threatening — a lien on your property, if you've received any notice of foreclosure proceedings, or if you are being sued or threatened with a lawsuit, those are situations where talking to a licensed attorney in Colorado is strongly advisable. The same applies if the tow was accompanied by other enforcement actions that collectively represent a significant financial exposure, or if you believe the HOA's actions may involve discrimination or retaliation — for example, if you recently raised a concern about the association and a tow followed shortly after.

Time-sensitive situations also warrant attorney involvement. HOA appeals and legal dead