Is Towing An Option? HOA Private Streets

Parking enforcement can be difficult in communities with private streets where street parking is regulated by the homeowners associations' governing documents. A common question that arises is whether towing or immobilizing (booting) vehicles is a permissible and effective enforcement tool. Before taking such measures, the Association must ensure that is has the proper authority in its governing documents to permit towing as a means of enforcement and must ensure that the association is following applicable Arizona law.

Pursuant to A.R.S. § 9-499.05(B), towing or immobilization on private property is not automatically permitted. Instead, the statute presumes that public parking is allowed unless specific signs are posted indicating otherwise. For enforcement to be legally valid, the property owner or association must install signage at every entrance and throughout the parking area. These signs must be easy to see and read from any location within the restricted