San Francisco Real Estate - Residential

New towing regulations legislation for San Francisco condominiums

The following has been reprinted from the Davis-Stirling.com Newsletter, a publication of ADAMS & KESSLER LLP. New legislation with regard to towing cars in a condo development.
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QUESTION:

I live in a condo development with 73 units. There is a large community next door that uses our parking because it's closer to their front doors. I was told that because of new legislation, we can no longer tow vehicles as we have been doing.

ANSWER:

What you were told is true. New legislation took effect January 1, 2007 that changes towing requirements for associations. As provided for in the new Vehicle Code 22658, associations may tow vehicles only if:

1. the vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice; or
2. the vehicle is parked on association property and lacks any major part or equipment necessary to operate safely on the highway, such as an engine, transmission, wheels, tires, doors, windshield, etc., and the local traffic enforcement agency has been notified at least 24 hours prior to towing; or
3. the association has posted towing signs at each entrance.

Signage: As noted above, associations may tow vehicles, without first issuing parking violations, if they install signs:

• in plain view at all entrances to the property,
• not less than 17" x 22" in size, with lettering not less than 1" in height,
• stating that public parking is prohibited and unauthorized vehicles will be towed at owner's expense,
• providing the telephone number of the local traffic enforcement agency, and
• providing the name and number of each company party to towing agreement with the association.

Towing Agreements: Associations should enter into written agreements with one or more towing companies (which must be listed on the towing signs) requiring them to comply with the requirements of the Vehicle Code, including:

• providing notice to the local traffic enforcement agency within 1 hour of receiving authorization by the association to tow a vehicle;
• immediately giving notice to the owner of the vehicle of the towing, the grounds for the removal, and the place to which the vehicle has towed;
• providing a copy of the notice to the proprietor of the facility (such facilities must be within a 10-mile radius of where the vehicle was removed), if the vehicle is stored in a storage facility.

Specific Authorization: Except as noted below, each time a vehicle is towed (i) the association must provide a specific signed authorization to the towing company and (ii) a representative of the association must be present when the vehicle is towed. The towing request must contain the following information:

• the make, model, vehicle identification number, and license plate number of the removed vehicle;
• the name, signature, job title, residential or business address and working telephone number of the person authorizing the removal of the vehicle;
• the grounds for the removal of the vehicle;
• the time when the vehicle was first observed parked at the private property; and
  the time that authorization to tow the vehicle was given.

Exceptions to Specific Authorization: Associations may give written general authorizations to companies to tow any vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the property.

RECOMMENDATION: You should have legal counsel review your agreements with towing companies to make sure they contain sufficient safe-guards for the association. And, you should prepare towing guidelines in your Rules & Regulations.

- Adrian J. Adams, Esq.

posted by SFResidence.com @ 7:55 AM