Q: Can HOA legally tow my car when parked in the street in a non-gated community?
My HOA has a policy that allows them to tow a vehicle that is left parked in the street overnight. Last night, I forgot to move my car and it was towed without notification or warning. Now I have to pay $178 to recover it. Someone told me they can't do that if it's not a gated community, as they don't control the roads. Is that true? Do I have any legal recourse against my HOA for this arcane policy?
A: Gated has nothing to do with the road being private or public. You would need to pull the HOA docs and plat map and see if they say. Likely if the policy is there then they own the roads as one cannot tow from a public road.
A: I agree with Mr. Klurfeld's answer. Roads can be either public or private, and it's hard to tell just by looking at it. Whether they're gated or not is not determinitive of ownership.
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