HOA Parking Rules and Towing: Your Rights in NV and CA
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Key takeaways
- The governing documents set the rules. Assigned spaces, guest parking and vehicle limits come from the CC&Rs and board rules.
- California towing needs signs or notice. An HOA generally needs posted entrance signs, or a violation notice and 96 hours, before towing from common areas.
- Nevada requires 48 hours’ notice on community streets. Exceptions apply for fire lanes, hydrants, disabled spaces and safety threats.
- Public streets are different. Parking on streets accepted for public use is usually controlled by the city or county.
- Improper tows may have remedies. Owners can demand reimbursement and challenge any related fine.
You come home to find a warning sticker on your windshield, or worse, an empty space where your car used to be. HOA parking rules cause more day-to-day disputes than almost any other rule. Both California and Nevada let associations enforce parking rules and tow vehicles, but only by following set steps. This guide, part of our series on HOA rules and regulations, explains those steps and what to do if your car is towed.
What can HOA parking rules cover?
In short: Assigned spaces, guest parking, garages, vehicle types and how long a vehicle can stay.
Typical HOA parking rules assign spaces, limit guest parking and require garages to be used for cars. Many also restrict boats, trailers, RVs, commercial trucks and inoperable vehicles. Read both the CC&Rs and the board’s rules, because either can contain parking limits.
Rules must be reasonable and consistent with the CC&Rs (Civil Code §4350; NRS 116.31065). In Nevada, a rule that is not enforced evenly against all owners in similar circumstances cannot be enforced against any owner.
Electric vehicle charging has its own protections. In California, restrictions that effectively prohibit or unreasonably restrict a charger in an owner’s unit or assigned space are void (Civil Code §4745). An application not denied in writing within 60 days is deemed approved. See our guide to the California HOA EV charging station.
How does an HOA change its parking rules?
In short: In California, generally with 28 days’ notice to members before the board votes.
Parking rules are often adopted as operating rules. A California board generally must give members notice of a proposed rule change at least 28 days before acting (Civil Code §4360). A limited exception applies to emergency rules, which last 120 days. The notice must include the text and its purpose and effect, and the decision must be made at a board meeting.
That notice period is your chance to comment. Our guide to HOA board meeting rules explains how to speak at the meeting. In Nevada, check your bylaws for the rule-making process.
Can an HOA tow your car?
In short: Yes, in both states, but only after meeting the notice and sign rules.
California: an association may tow a vehicle from its property in a few situations (Vehicle Code §22658). One is when a sign of at least 17 by 22 inches is posted at all entrances. The sign must prohibit public parking and warn that vehicles will be removed at the owner’s expense. It must also list the police and tow company phone numbers.
Without those signs, a California HOA can generally tow after it issues a notice of parking violation and 96 hours pass. A vehicle missing major parts, such as an engine or wheels, has separate rules. So does a lot improved with a single-family home.
The tow company also needs written authorization from the association or its agent before towing. The person authorizing it generally must be present and verify the violation. The association must tell local police within one hour after authorizing the tow.
Nevada: an association may direct the removal of vehicles improperly parked on its property or community streets (NRS 116.3102). It must follow the state towing law, which generally requires a sign in plain view that restricts public parking and shows the police or sheriff’s phone number (NRS 487.038).
For vehicles on a community road or street, a Nevada HOA must give notice on the vehicle, or to its owner, at least 48 hours before towing. The notice is not required if the vehicle blocks a fire hydrant, fire lane or disabled parking space. It is also not required if the vehicle poses an imminent threat to residents’ health, safety or welfare.
Do HOA parking rules apply on public streets?
In short: Usually not, if the street has been accepted for public use.
In Nevada, a community that is not gated or access controlled cannot regulate streets whose right-of-way has been accepted for public use (NRS 116.350). Parking there is generally governed by local law.
In California, parking on public streets is also generally controlled by local government. By local ordinance, vehicles parked over 24 hours on streets in a common interest development may be removed if required signs are posted (Vehicle Code §22651). Check whether your streets are public or private before relying on HOA parking rules.
Was your car towed or ticketed by your HOA?
Send us the parking rules, any warning notice, photos of the entrance signs, the tow receipt and any fine notice. We can tell you in one conversation whether the tow appears to have followed the law and your options to recover the costs.
Can an HOA ban work trucks and commercial vehicles?
In short: It can restrict them, but Nevada protects certain utility and emergency vehicles.
Nevada associations may adopt rules that reasonably restrict parking of RVs, boats, trailers and commercial vehicles (NRS 116.350). They may not prohibit a utility service vehicle of 20,000 pounds or less while it provides utility services. An owner or tenant may also bring one home for job-related emergency calls. Similar protection covers law enforcement and emergency vehicles on official duty.
We are not aware of a matching California statute, so the CC&Rs and rules generally control. Those rules must still be reasonable (Civil Code §4350), and uneven enforcement can support a selective enforcement defense.
Can an HOA fine you for a parking violation?
In short: Yes, after notice and a hearing, within the statutory fine limits.
Fines under HOA parking rules follow the same process as other violations. In California, the board must give written notice at least 10 days before the hearing, and a cure before the meeting can stop discipline (Civil Code §5855). See our guide to the California HOA fine limit.
In Nevada, the board generally must hold a hearing before imposing a fine (NRS 116.31031). Fines for violations that are not an imminent threat are limited, and uncured violations can draw added fines. See our guide to HOA fines in Nevada.
Parking violations by tenants and guests raise their own questions. See our guide on whether an HOA can fine a tenant or guest.
What should you do if your car was towed?
In short: Get the car back, collect the evidence and demand reimbursement if the rules were not followed.
Find the vehicle: call the police non-emergency line or the tow company listed on the sign. In California, if you arrive before the vehicle leaves the property, you can generally demand its release. If it is already hitched, a reduced fee may apply.
Gather evidence: photograph the entrance signs, or note their absence. Keep the tow receipt and any warning notice. Ask the tow company for a copy of the written authorization.
Demand reimbursement: in California, an association that tows without meeting the sign or notice rules can be liable for double the towing and storage charges (Vehicle Code §22658). The same applies if it fails to state the grounds for removal when asked. Send the association a written demand with your evidence.
Use the dispute process: in Nevada, claims about enforcing the governing documents generally must go to mediation first (NRS 38.310). You can also contact the Real Estate Division, as explained in our Nevada Ombudsman guide.
How do you challenge unfair HOA parking rules?
In short: Show the rule is unreasonable, unevenly enforced or adopted without the right process.
Ask for the rule, when it was adopted and the notice that went out. If neighbors park the same way without warnings, raise selective enforcement. If you were fined, follow our guides on responding to an HOA violation notice and how to contest an HOA fine.
Repeated tows, mounting fines or a board that ignores the statute are signs it is time for legal help. Our HOA dispute resolution team represents owners and boards in both states.
Ready to Protect Your Rights?
Whether you received a parking warning or your car was already towed, we can help. We will review the rules, the signs and the notice, and tell you where you stand. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Frequently asked questions
Sometimes. In California, posted entrance signs can serve as the warning (Vehicle Code §22658). In Nevada, 48 hours’ notice is generally required for community streets, with exceptions for fire lanes, hydrants, disabled spaces and safety threats (NRS 116.3102).
It depends on the governing documents and whether the driveway is part of your lot or the common area. Both states have different sign rules for single-family lots, so ask for the rule and the written authorization.
Usually not. In Nevada, a non-gated community cannot regulate streets accepted for public use (NRS 116.350). In California, public street parking is generally controlled by the city or county.
It can restrict commercial vehicles, but in Nevada it cannot prohibit certain utility service vehicles and emergency vehicles in specific situations (NRS 116.350). California follows the CC&Rs and rules.
Collect evidence and send a written demand. In California, an association that skips the sign or notice rules can be liable for double the towing and storage charges.
Yes, if the rules allow it, after notice and a hearing. Fines are limited by statute in both states.
Conclusion
HOA parking rules are generally enforceable when properly adopted and reasonable, but towing and fines must follow state law. California generally requires entrance signs or a violation notice and a 96-hour wait. Nevada requires 48 hours’ notice on community streets, with safety exceptions.
Know your rules, check whether your street is public and keep evidence of every notice. For each state’s wider framework, see our Nevada NRS 116 guide and Davis-Stirling Act guide.
Disclaimer: This article provides general information about Nevada and California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.
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