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

You walked outside, ready to head to work or run errands, and your car was gone. Not stolen — towed. And the notice on your door (if there even was one) came from your HOA. That sinking feeling is real, and so is the frustration of scrambling to figure out where your vehicle is, how much it will cost to retrieve it, and whether the HOA even had the right to tow it in the first place. Washington state law does place specific requirements on how and when towing can occur in a community association setting, and understanding those rules can help you figure out your next move.

What State Law Generally Says

Washington has two primary frameworks governing homeowners associations, depending on when your HOA was formed. For HOAs formed before July 1, 2018, the Washington Homeowners' Association Act (RCW Chapter 64.38) generally applies. For HOAs formed on or after July 1, 2018, the Washington Uniform Common Interest Ownership Act (RCW Chapter 64.90, also known as WUCIOA) appears to apply. Both frameworks carry meaningful implications for how an HOA may enforce its parking and towing rules, and it is worth knowing which one governs your community before you take any action.

Under RCW §64.38.020, an HOA is generally required to adopt and enforce its rules in a uniform and non-discriminatory manner. This means that if your car was towed but a neighbor's vehicle in a similar situation was left untouched, that selective enforcement may be grounds for a formal challenge. The statute appears to require consistency — the same rule applied the same way to all homeowners. Beyond fairness in enforcement, Washington law generally requires that before fines are levied, homeowners receive notice and an opportunity to be heard before the board or its designee, in accordance with procedures set out in the bylaws, under RCW §64.38.020(11). Fines must also follow a previously established and published schedule — unpublished or unannounced fines may not comply with this standard. While Washington does not set a specific dollar cap on HOA fines, the statute framework generally requires that fines be reasonable and consistent with the governing documents.

Towing specifically tends to involve additional considerations beyond HOA rules. Washington state law governing towing companies and private property tows — separate from HOA statutes — generally requires that vehicles only be towed from clearly posted areas where signage meets specific requirements, including information about where the vehicle has been taken and how to retrieve it. If your HOA authorized a tow, it would generally need to have done so under authority granted by the governing documents (CC&Rs, bylaws, or board-adopted rules), and that authority would need to have been exercised in a manner consistent with the state's broader towing and notice requirements. If the area where your car was parked lacked adequate signage, or if you received no prior notice of a parking rule that was being enforced, those facts may be worth examining closely. You may also find it helpful to review our general overview of what HOAs can legally enforce to understand the broader boundaries of HOA authority.

Steps a Homeowner Can Consider

1. Document Everything Right Away

Time matters here. Consider taking photographs of the area where your car was parked as soon as possible — especially any signage (or lack of it) in the vicinity. Photograph the general parking area, nearby signs, and the location from multiple angles. If there were posted notices on your door or in common areas related to the towing, photograph those too. Notes about the date, time, and exact location of your vehicle can also be useful. This kind of contemporaneous documentation is often very helpful when building a written record of what happened.

2. Retrieve Your Vehicle and Keep All Receipts

Locate your vehicle by contacting your HOA for the name of the towing company they use, or by checking with your local police non-emergency line — towed vehicles are typically required to be reported. When you retrieve your car, keep every receipt and ask for an itemized statement of all charges. Request any paperwork the tow company provides, including the authorization form showing who called in the tow and under what authority. These documents can become important if you later decide to challenge the tow in writing or pursue recovery of the fees you paid.

3. Request Your HOA's Parking Rules and Towing Policy in Writing

Consider submitting a written records request to your HOA asking for the specific parking rules and towing authorization policy referenced in your governing documents, as well as any board resolutions related to parking enforcement. Under RCW §64.90.495, the HOA is generally required to acknowledge a records request within 10 business days and complete it within 21 business days. Submitting your request in writing — ideally via certified mail so you have a delivery confirmation — creates a paper trail and starts the clock on the HOA's response obligation. If the towing was tied to a fine, you may also want to request the published fine schedule, since fines generally must be based on a previously established and disclosed schedule to be considered enforceable under Washington law.

4. Write a Formal Dispute Letter

Once you have gathered your documentation and reviewed the governing documents, homeowners often find it useful to send a formal written dispute letter to the HOA board. A well-organized letter can reference the specific statutes and provisions of the governing documents that appear relevant to your situation, describe the facts as you understand them, and request a specific remedy — such as reimbursement of towing fees. Framing your letter around what the governing documents and applicable state law generally require, rather than making broad accusations, tends to result in a more productive response. If you're wondering more broadly about how the fine and appeal process typically works, our guide on how to appeal an HOA fine walks through the general framework. Send your letter via certified mail with return receipt requested and keep a copy for your records.

5. Escalate if the HOA Does Not Respond

If your HOA does not respond to your records request within the timeframe generally required by RCW §64.90.495, or if your written dispute is ignored, you may want to consider escalating. The Washington State Attorney General's Office, Consumer Protection Division accepts complaints about HOA practices and may be a useful next step. Washington Small Claims Court allows claims up to $10,000, which may be an avenue if you are seeking to recover towing fees and related costs. Filing in small claims court does not require an attorney, and many homeowners have used it successfully to resolve relatively straightforward disputes.

When to Talk to a Licensed Attorney

Self-help tools and written letters work well for many HOA disputes, but some situations genuinely call for the guidance of a licensed Washington attorney. If your HOA has threatened to place a lien on your property, if you have received any notice related to foreclosure proceedings, or if a lawsuit has been filed against you, please do not rely on a self-help document tool alone. The same applies if you believe the towing or enforcement action was tied to discriminatory treatment — for example, if you have reason to believe your national origin, disability, or another protected characteristic played a role in how your car was singled out. Fair housing and civil rights issues carry their own legal frameworks and timelines that an attorney is best positioned to navigate.

Large dollar amounts, retaliatory patterns, and situations where you are being fined repeatedly without any meaningful opportunity to respond are also circumstances where professional legal guidance is worth seeking. An attorney can evaluate your specific facts, advise you on your rights under Washington law, and help you determine whether court action or another formal remedy makes sense. Many Washington attorneys offer free or low-cost initial consultations for HOA matters, and that first conversation can help you understand whether your situation requires more than a well-organized letter.

Your Next Step

You came here looking for clarity, and hopefully you now have a clearer picture of what Washington law generally requires around HOA towing and enforcement — and what practical steps you can take on your own. Knowing the relevant statutes, requesting your governing documents, and sending a thoughtful, organized letter are all things homeowners handle themselves every day. The key is being specific, staying factual, and keeping a record of everything.