towing
See also, Index, roads regarding enforcing HOA restrictions on public streets (including by towing).
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 two 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 prohibited types of vehicles, and
(B) a bottom half that has a white, reflective background with red letters indicating the name and phone number of the patrolling tow company, and the Internet web address "tow.utah.gov".
See Utah Code Subsections 72-9-603(4)(a)(i) and (7).
(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, 4"x16" reflective towing logo 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 phone number of the HOA or the HOA's agent who is authorized to request a tow truck service, or the name and phone number of the HOA's towing company, and
(B) the Internet web address "tow.utah.gov".
See Utah Code Subsections 72-9-603(4)(a)(ii) and (8).
(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 meets certain requirements.
See Utah Code Subsections 72-9-603(4)(a)(iii) and (9).
Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)