towing

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.

(i) a top sign that is 24 inches tall by 18 inches wide and has: a blue, reflective background with a 1/2 inch white border; two-inch, white letters at the top of the sign with the capitalized words "Lot is Patrolled"; a white towing logo that is six inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed; and two-inch, white letters at the bottom of the sign with the capitalized words "Towing Enforced"; and

(ii) a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:
      (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.

The required sign must be 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and have:

(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";

(iii) in the middle of the sign, a red background with white, reflective letters at least one inch tall 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

(iv) at the bottom of the sign, a white, reflective background with red letters at least one inch tall indicating:
      (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.”

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

Tow Truck Provisions (required signage for towing in HOA). Utah Code Title 72, Chapter 9, Part 6