EFFECTIVE January 1, 2021:
State law does not restrict or limit an an HOA from having a vehicle towed from the following:
(1) a fire lane,
(2) within 15 feet of a fire hydrant,
(3) a marked parking stall,
(4) a parking stall for persons with a disability,
(5) a location where it is reasonably apparent that the location is not open to parking,
(6) a location where all public access points are controlled by a permanent gate, door, or similar feature,
(7) where the vehicle is blocking access to private property (such as a driveway), or
(8) from the property of a detached single-family dwelling or duplex.
Otherwise, an HOA may have a vehicle towed in three circumstances (subject to any local ordinance):
(1) Patrol Towing - Signage Required. An HOA may authorize a towing company to patrol and monitor the property and tow as necessary if each entrance to the property has certain signs clearly visible to the driver of a vehicle entering the property.
(A) a top half that is red background with white, reflective letters indicating who is authorized to park or restricted from parking at the property; and any type of vehicle prohibited from parking at the property; and
(B) a bottom half that has a white, reflective background with red letters indicating the name and telephone number of the tow truck motor carrier that the property owner has authorized to patrol the property; and the Internet web address "tow.utah.gov".
(2) Case-by-Case - Signage Required. An HOA may request a towing company to tow a vehicle on a case-by-case basis if each entrance to the property has a clearly visible sign that meets certain requirements.
(i) at the top of the sign, a blue background with a white, reflective towing logo that is at least four inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed;
(ii) immediately below the towing logo, a blue background with white, reflective letters at least two inches tall with the capitalized words "Towing Enforced";
(A) either the name and telephone number of the HOA who is authorized to request a tow truck service, or the name and telephone number of the tow truck motor carrier that provides tow truck services for the property; and
(B) the Internet web address "tow.utah.gov".
(3) 24 Hour Notice - Signage NOT Required. Without any signage on the property, an HOA may request a towing company to tow a vehicle 24 hours after the HOA affixes a written notice to the vehicle that: (i) indicates the exact time when the notice is affixed to the vehicle; (ii) warns the owner that the vehicle will be towed if not removed within 24 hours of the time the notice is affixed to the vehicle; (iii) be at least four inches tall and four inches wide; and (iv) “be affixed to the vehicle at a conspicuous location on the driver’s side window of the vehicle.”
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)