California Cvc 22658: Guest Vehicle Towing Rights

If your HOA had your guest's car towed from the visitor parking area, you're probably angry and confused about what's legal. California Vehicle Code 22658 sets specific rules that HOAs must follow before towing any vehicle including cars belonging to guests. Understanding these rules can mean the difference between recovering towing costs or being stuck with a bill you shouldn't owe.

What Does California Vehicle Code 22658 Actually Say About HOA Towing?

Section 22658 of the California Vehicle Code governs when a property owner including a homeowners association can have a vehicle towed from private property. It doesn't give HOAs unlimited power. Instead, it creates a specific legal process they must follow.

Under this code, an HOA can tow a vehicle from common areas (including guest parking) only when certain conditions are met:

The vehicle is parked in violation of a posted rule or restriction
A written policy has been adopted and distributed to residents
The towing company is properly licensed
Signage meets specific size, placement, and content requirements
In most cases, the local law enforcement agency has been contacted before the tow

If the HOA skips any of these steps, the tow may be considered unauthorized and the vehicle owner may have grounds to recover costs.

Can an HOA Tow a Guest's Vehicle Without Warning?

Short answer: not usually. California Vehicle Code 22658 requires that vehicles be parked in violation of a posted restriction before towing is allowed. That means the HOA needs visible signs in the parking area that explain the rules things like time limits, permit requirements, or designated zones.

Even with signs in place, many HOAs are required to attempt notification before towing. This could mean calling the resident who hosted the guest, placing a warning notice on the vehicle, or giving a reasonable amount of time to move the car.

That said, the specific notification requirements depend on how the HOA's common area parking allocation policy is written and whether the association's CC&Rs include towing procedures.

What Rights Do Guests Have When Their Car Gets Towed by an HOA?

Guests whose vehicles are towed from an HOA community have several protections under California law:

Right to retrieve the vehicle The towing company must release the vehicle during normal business hours once the owner presents identification and pays the towing and storage fees.
Right to a hearing Under Vehicle Code 22658, the vehicle owner can request a post-tow hearing to determine whether the tow was lawful. The hearing must be scheduled within 48 hours of the request.
Right to recover costs If the tow was unauthorized (no signs, no proper notice, no board resolution), the vehicle owner can sue in small claims court to recover towing and storage fees, plus potential damages.
Right to see documentation The towing company must provide an itemized invoice and cannot charge more than the rates established by the local jurisdiction.

A guest doesn't lose their legal rights just because they were visiting someone in an HOA community. The same protections that apply to residents' vehicles also apply to visitors.

What Are Common HOA Towing Mistakes That Make the Tow Illegal?

HOAs get towing wrong more often than you'd think. Here are the most frequent mistakes that can invalidate a tow under Vehicle Code 22658:

Missing or inadequate signage Signs must be at least 17" x 22", placed at each entrance and in conspicuous locations within the lot. They need to include the towing company's name, phone number, and address where the vehicle can be recovered.
No adopted towing policy The HOA board must have a formal, written towing resolution approved at a properly noticed board meeting.
Towing without contacting law enforcement Under 22658(a), the HOA (or its towing company) must contact the local traffic enforcement agency to report the tow. Failure to do so is a common violation.
Improper authorization Only designated individuals (like the property manager or specific board members) can authorize a tow. If a random resident calls in a tow, it's likely unauthorized.
No attempt at notice Towing a guest's car immediately without trying to reach the host resident can expose the HOA to liability.

Understanding these mistakes is especially important when reviewing guest parking violation notices to check whether the HOA followed proper procedure.

Does an HOA Need a Board Resolution to Tow Guest Vehicles?

Yes. California Vehicle Code 22658(e) requires that the HOA adopt a written resolution or policy authorizing towing before any vehicle can be removed. This resolution should spell out:

Which parking rules trigger towing
What notice or warning period is required
Who is authorized to call the tow truck
Which towing company will be used

Without a proper board resolution, virtually any tow from HOA common areas could be challenged as illegal. Residents who suspect their HOA lacks a formal policy can resolve the dispute without an attorney by requesting copies of the resolution through a written records request.

How Should an HOA Handle Guest Parking Complaints Before Towing?

Towing should be a last resort, not the first response to a guest parking issue. California law generally supports a graduated approach:

Post clear rules Make sure guest parking policies are distributed to all homeowners and posted in common areas.
Issue a warning first Place a written notice on the vehicle or contact the hosting resident directly.
Give a reasonable time to move Allow at least 24–48 hours in non-emergency situations.
Document everything Keep records of each violation, the notice given, and any response from the resident.
Only then authorize a tow Follow the exact procedure in the board's towing resolution and Vehicle Code 22658.

Boards looking for a structured way to handle these situations can use a response template for parking complaints to keep communication consistent and documented.

What Should You Do If Your Guest's Car Was Towed by the HOA?

Take these steps right away:

Get the towing company's name and location Retrieve the vehicle as soon as possible to minimize storage fees.
Take photos of the parking area Document whether signs are present, what they say, and where they're posted. Missing or non-compliant signs can invalidate the tow.
Request a post-tow hearing You have the right to request a hearing within 48 hours. The tow company must hold the hearing before selling or disposing of the vehicle.
Ask the HOA for documentation Request a copy of the towing resolution, the authorization record for the specific tow, and any violation notices issued.
File a complaint if rules were broken Contact local law enforcement or file in small claims court to recover costs if the HOA didn't follow Vehicle Code 22658.

For a full breakdown of your options, see our detailed page on Vehicle Code 22658 and HOA towing rights.

Can You Sue an HOA for an Illegal Tow of a Guest's Vehicle?

Yes. If the HOA violated Vehicle Code 22658 by towing without proper signage, no board resolution, no law enforcement notification, or no attempt at notice the vehicle owner can file a claim in small claims court. California small claims courts handle cases up to $10,000, which covers most towing disputes.

In addition to recovering the towing and storage fees, a court may award damages if the tow was done in bad faith or recklessly. Keep all receipts, photos, and written communications as evidence.

Quick Checklist: Was the HOA Tow of a Guest Vehicle Legal?

✔ Were compliant tow signs posted at the entrance and in the parking area?
✔ Did the HOA have a written, board-approved towing resolution?
✔ Was the vehicle clearly violating a posted rule?
✔ Did the HOA or towing company contact local law enforcement before the tow?
✔ Was any attempt made to notify the resident or give the guest time to move?
✔ Was the tow authorized by a person designated in the board's policy?
✔ Did the towing company provide an itemized receipt and comply with local rate caps?

If the answer to any of these questions is "no" or "I don't know," the tow may have been improper and you may be able to recover your costs. Start by sending a written request to your HOA asking for the documentation listed above. If they can't produce it, that's strong evidence the tow didn't comply with California Vehicle Code 22658.