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 parking area and must include the following information:
- Parking restrictions in place.
- The consequences for violating those restrictions (such as towing or booting).
- The maximum potential cost to the vehicle owner, including towing, storage, and related fees.
- Contact information for the location where the vehicle can be recovered.
Although often referred to as a "towing" law, the statute is written broadly enough to include vehicle immobilization. Its main intent is to ensure that the public receives clear notice of any parking limitations and potential enforcement actions. Notably, many cities and towns have additional requirements for towing signage and the required language, which is often found in the city's or town's ordinances.
While residents of the community could be deemed to have both actual and constructive notice of the Association's rules, visitors—who do not have a contractual relationship with the Association—might not be considered adequately informed by reliance on the notices set forth in the governing documents alone. For these individuals, more specific signage is likely required. Signs should outline the exact types of violations that could lead to towing or immobilization (e.g., unauthorized parking in reserved spaces or fire lanes), and provide details on how to recover the vehicle or remove the boot, as is required by Arizona law.
Associations considering towing or booting should ensure their signage fully complies with state and local requirements and provides fair warning to all individuals, particularly non-residents. To avoid liability and ensure legal compliance, it is advisable to review signage language and procedures with legal counsel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
