Other Utah Statutes Relevant to HOAs

Tow Truck Provisions (required signage for towing in HOA.).

Utah Code Title 72, Chapter 9, Part 6.

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 - WITH SIGNAGE. 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.

(2)  CASE-BY-CASE - WITH SIGNAGE.  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.

(3)  24 HOUR NOTICE - NO SIGNAGE.  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.”


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