Was This Tow Done Legally?

Question

I picked up my car from my mother's, next morning I drove it to work. Arriving back to the apt. complex I lived in for 6 months, I parked in my assigned parking space at 12:35 PM. When I went back out, I noticed my car was gone. according to the Tow documents the tow took place at 1:11PM. I did not receive a phone call, knock on the door, alert, or warning by management or the tow company that my vehicle was towed or about to be towed. My vehicle is listed in the complex portal under vehicles owned. I called the management who provided me with the Tow Yards phone number. Management said the tow company can randomly Tow cars without their knowledge, the tow company told me it was management that called it in. Management in the past 2 months has sent out group texts warning others about their potential tow. However, there was never a text issued for me. The reason for the Tow says no parking pass which I had. I asked for photos but no reply from either party. Was this tow done legally?

James L. Arrasmith · Answer

Based on the situation you've described, it appears the tow might not have been conducted legally under California law. California has specific regulations governing the towing of vehicles from private property, including residential complexes. Generally, a vehicle cannot be towed unless there is proper signage indicating towing policies, and the vehicle must be visibly in violation of these policies, such as lacking a required parking pass. 
 
In your case, you mentioned having a parking pass and parking in your assigned space. If your vehicle was registered with the complex and listed in their portal, the management should have had a record of your vehicle's authorization to park there. Additionally, the lack of a warning or notification from management, especially when they have previously sent group texts about potential tows, raises questions about the fairness and legality of the action taken. 
 
You have the right to request evidence supporting the tow, such as photographs or a written explanation, from both the management and the towing company. Without this evidence, and given the inconsistencies in their responses, you may have grounds to contest the tow. It would be wise to document all interactions and seek legal advice to determine the best course of action to recover any towing fees and prevent future issues.

Q: Was This Tow Done Legally?