Texas HOA Towing Laws: Can an HOA Tow Your Car?

If you live in a Texas HOA community, your association may have authority to enforce parking restrictions, and in some circumstances that can include having an unauthorized vehicle towed. But an HOA cannot simply tow a vehicle whenever it wants. Texas law establishes requirements for private-property towing, including rules concerning authorization, towing signs, notice, the towing company, and the circumstances under which a vehicle is considered unauthorized. A Texas property owners’ association can qualify as a “parking facility owner” when it controls assigned or unassigned parking areas under its governing documents.

Can a Texas HOA legally tow your car?

Yes. A Texas HOA may be able to have a vehicle towed from an HOA-controlled parking area if the vehicle is unauthorized and the requirements of Texas towing law and the HOA’s governing documents are satisfied. Depending on the situation, Texas law may require compliant tow-away signs, actual notice, or other statutory conditions before the vehicle can be removed.

Definition: Private Property Tow
A private property tow is a tow of a vehicle authorized by a parking facility owner without the vehicle owner’s or operator’s consent. Texas law expressly includes a property owners’ association that controls parking areas under its dedicatory instrument within the definition of a parking facility owner.

When Can an HOA Tow a Vehicle in Texas?

The starting point is the parking area itself. Texas Occupations Code Chapter 2308 governs private-property towing, and the statute specifically recognizes a property owners’ association as a parking facility owner when it has control over assigned or unassigned parking areas under its governing documents.

This means an HOA may have legal authority to arrange a tow for an unauthorized vehicle, but the HOA’s authority is not unlimited.

Common situations can include:

• Parking in a space assigned to another resident
• Parking in a restricted or unauthorized area
• Blocking a driveway, entrance, or exit
• Blocking another vehicle from leaving a parking space
• Parking in a properly marked fire lane
• Parking in a designated accessible space without the required authorization
• Parking in another area where the HOA’s parking restrictions prohibit the vehicle

Texas law specifically prohibits leaving an unattended vehicle in certain circumstances, including obstructing traffic aisles, entrances or exits, preventing another vehicle from leaving a parking space, obstructing a properly marked fire lane, or occupying certain accessible parking spaces without the required designation.

However, an HOA parking rule and the state’s towing requirements are not necessarily the same thing. A community may have a restriction in its declaration, rules, or parking policy, but the actual towing process must also comply with applicable Texas towing law.

What Does Texas Law Require Before an HOA Tow?

One of the most important provisions is Texas Occupations Code §2308.252.

Under the statute, a parking facility owner may, without the vehicle owner’s consent, cause an unauthorized vehicle to be removed and stored at the owner’s or operator’s expense when specified statutory conditions are satisfied. One route involves properly posted signs prohibiting unauthorized vehicles. Another can involve actual notice or other circumstances established by the statute.

For homeowners, that creates an important distinction:

The fact that an HOA has a parking rule does not automatically mean every violation can be handled by an immediate tow. The HOA and towing company must still satisfy the applicable legal requirements.

Basic Texas HOA towing checklist

Requirement	Why it matters
HOA has authority over the parking area	The association must qualify as the relevant parking facility owner
Vehicle is unauthorized	There must be a legal basis for treating the vehicle as unauthorized
Proper towing procedure	Texas towing statutes establish conditions for private-property tows
Required signage or applicable notice	Depending on the statutory route, signs or notice may be required
Properly permitted towing company	Texas regulates private-property towing companies and operators
Required towing records/notifications	Texas law imposes obligations on towing and storage facilities
HOA rules support the restriction	The community’s declaration, bylaws, or parking rules may establish the underlying restriction

Texas HOA Tow-Away Sign Requirements

Tow-away signage is one of the most important issues when a vehicle is removed from an HOA-controlled parking facility.

Texas law requires specific signage for the statutory sign-based towing procedure. The Texas Department of Licensing and Regulation states that signs prohibiting unauthorized parking must be conspicuously visible to drivers entering the parking facility. Signs generally must be permanently mounted and meet requirements concerning size, placement, wording, towing symbols, enforcement hours, and a telephone number for locating a towed vehicle.

The required information includes:

• An international towing symbols
• The words indicating that towing is enforced
• A statement that unauthorized vehicles will be towed at the owner’s or operator’s expense
• Information identifying who may park at the facility
• Days and hours when towing is enforced
• A 24-hour telephone number for locating the vehicle

TDLR states that the signs must be at least 18 inches wide by 24 inches tall and made from weather-resistant material. They must also be permanently mounted and positioned according to the applicable rules.

Where should HOA towing signs be placed?

For covered parking facilities, signs generally need to be positioned so that they are conspicuously visible to drivers entering the property. Texas requirements address entrances, driveways, and curb cuts, with additional rules for unusually wide entrances.

This matter because an HOA should not assume that putting a small “No Parking” sign somewhere inside the neighborhood automatically satisfies Texas towing-sign requirements.

A parking restriction and a legally compliant tow-away sign serve different purposes.

Can an HOA Tow Without Warning in Texas?

Sometimes, but the answer depends on the legal basis for the tow and the circumstances involved.

Texas Occupations Code §2308.252 provides several circumstances under which a parking facility owner can arrange a private-property tow. One statutory route relies on compliant signs being installed for the required period. Another route can involve actual notice from the parking facility owner that the vehicle will be towed if it remains in an unauthorized space.

There is also an important distinction between towing law and HOA enforcement law.

Texas Property Code Chapter 209 generally requires a property owners’ association to provide written notice before certain enforcement actions, including fines and some other enforcement measures. The statute expressly identifies a parking violation as an example of a violation that can be curable.

That does not automatically mean that every HOA tow requires the same notice procedure as an HOA fine. The specific towing authority, governing documents, location of the vehicle, signage, and facts of the incident all matter.

For that reason, homeowners should examine both:

1. The HOA’s declaration, rules, and parking policy.
2. The Texas towing statutes applicable to the tow.

What Happens if Your Car Is Towed from an HOA Property?

If your vehicle has already been towed, the first priority is determining where the vehicle was taken and who authorized the tow.

Texas TDLR provides consumer protections for private-property towing.

If the tow truck has not fully hooked up your vehicle

If you return while the vehicle is being hooked up but it is not fully hooked up and ready for towing, Texas TDLR says you can keep the vehicle without paying a charge.

If the vehicle is fully hooked up but has not left

If the vehicle is fully hooked up and ready to be towed but the tow truck has not yet left the property, you may still retrieve the vehicle, but a drop fee may apply. TDLR notes that local governments can impose additional rules affecting drop fees.

If the vehicle has already been taken

Contact the towing company or vehicle storage facility immediately. Ask for:

• The vehicle’s current location
• The towing company’s name
• The reason for the tow
• The tow ticket or documentation
• The applicable charges
• The process for releasing the vehicle

Texas law also requires a vehicle storage facility receiving a private-property tow to notify the appropriate local law enforcement agency within two hours after accepting the vehicle for storage.

Can an HOA Tow a Car from a Homeowner’s Driveway?

This is a situation where homeowners need to distinguish between common or association-controlled parking areas and privately own driveway.

Texas towing law specifically recognizes an HOA as a parking facility owner when it has control over assigned or unassigned parking areas under its governing documents. That does not mean an HOA automatically has unlimited authority over every vehicle parked on an individual homeowner’s privately own property.

The HOA’s declaration, easements, restrictions, and applicable property and towing laws should therefore be reviewed before assuming the association has authority to remove a vehicle from a homeowner’s driveway.

If the HOA claims that a driveway tow is authorized, homeowners should ask the association to identify:

• The specific restriction being enforced
• The governing-document provision granting the HOA authority
• The legal basis for the tow
• The notice provided
• The towing company used
• The location from which the vehicle was removed

Can an HOA Tow a Guest’s Car?

Potentially, yes.

Texas law focuses on whether a vehicle is authorized to park in a parking facility rather than simply whether the driver is a homeowner. If an HOA-controlled parking area has restrictions governing residents, guests, permits, assigned spaces, or unauthorized vehicles, a guest vehicle may be subject to those restrictions.

The critical issue is whether the vehicle was actually unauthorized under the applicable rules and whether the statutory towing requirements were satisfied.

For example, a community may have designated resident-only spaces, visitor spaces, permit requirements, or restrictions against parking in certain areas. The exact HOA governing documents and signs should be checked before determining whether a guest vehicle could legally be towed.

Can an HOA Tow an Abandoned or Unregistered Vehicle?

Texas law has specific provisions concerning vehicles that violate particular parking restrictions.

For example, Texas Occupations Code §2308.252 states that a parking facility owner generally may not tow a vehicle merely because it lacks an unexpired license plate or registration insignia, unless a qualifying contract provision exists. That provision requires at least 10 days’ written notice meeting statutory requirements before such a vehicle can be towed under that contractual exception.

This is an important distinction because an HOA should not treat every unregistered vehicle as automatically towable.

The statutory requirements can depend on why the vehicle is being towed and which provision authorizes the removal.

What If the HOA Uses a Towing Company?

Texas regulates private-property towing companies and tow operators.

A private-property towing permit is required for a tow truck used to perform a nonconstant tow authorized by a parking facility owner. Texas law also establishes insurance requirements for private-property towing permits.

TDLR states that tow truck companies, tow trucks, and tow operators must be licensed under the applicable Texas requirements.

The HOA therefore does not simply get to select an ordinary vehicle-moving company and treat it as a legally authorized tow operator.

HOA and towing company responsibilities are different

HOA / Parking Facility Owner	Towing Company
Establishes or enforces parking restrictions	Performs the physical tow
May request a tow	Must have appropriate licensing/permit
May have a standing towing agreement	Must follow Texas towing requirements
May provide verification to the towing company	Must maintain required towing records
Controls the relevant parking facility	Must comply with applicable fee and consumer rules

Texas law also permits a towing company to perform a private-property tow when the parking facility owner requests the specific tow or has a standing written agreement with the towing company to enforce parking restrictions.

What Should You Do If You Believe an HOA Towed Your Car Illegally?

If you believe the tow did not comply with Texas law, avoid relying only on a verbal argument with the HOA. Document the situation.

Step 1: Photograph the parking area

Take photographs showing:

• The parking spaces
• Nearby signs
• Entrance signs
• Curb markings
• Fire-lane markings
• Any permit or resident-only signs
• The location where the vehicle was parked

Step 2: Request the towing information

Ask the HOA for the legal and factual basis for the tow.

Request:

• Date and time of authorization
• Reason for towing
• Applicable parking rule
• Name of towing company
• Tow authorization
• Applicable signage
• Any notice provided

Step 3: Check your HOA governing documents

Look for provisions addressing:

• Parking
• Towing
• Guest parking
• Vehicle registration
• Abandoned vehicles
• Recreational vehicles
• Commercial vehicles
• Parking permits
• Enforcement procedures

Step 4: Check the towing company’s compliance

TDLR provides consumer information and regulatory resources concerning private-property towing. If you believe a towing company violated applicable Texas requirements, its licensing status and complaint procedures can be reviewed through TDLR.

Step 5: Preserve every document

Keep:

• Tow invoice
• Receipt
• Photographs
• HOA notices
• Emails
• Letters
• Text messages
• Parking rules
• Vehicle-release documents

These records can become important if the dispute escalates.

What Are Your Rights After an HOA Tow?

Texas towing law gives vehicle owners specific rights concerning private-property tows.

For example, TDLR explains that an owner may retrieve a vehicle before it is fully hooked up without paying a drop fee. If the vehicle is fully hooked up but has not left the property, a drop fee may apply.

After the vehicle reaches a vehicle storage facility, the owner or authorized representative must generally satisfy the facility’s release requirements and pay applicable lawful charges. Texas regulations also require vehicle storage facilities to provide specified information and comply with release procedures.

The key point is that an HOA parking violation does not eliminate the vehicle owner’s rights under Texas towing law.

Texas HOA Towing Laws vs. HOA Enforcement Rules

It is useful to think about the issue as two overlapping systems.

Texas HOA law determines how a property owners’ association can enforce certain restrictions and what procedures apply to association enforcement.

Texas towing law regulates when and how a private-property tow can occur, including the role of the parking facility owner, signage, towing companies, and vehicle storage facilities.

An HOA’s governing documents may give the association authority to regulate parking, but the association and towing company still need to comply with applicable state towing requirements.

This distinction is particularly important when a homeowner believes, “The HOA rules say I cannot park here, so the HOA can automatically tow me.” The legal analysis is more specific than that.

Official Texas Sources for HOA Towing Disputes

For a current review, the most authoritative starting points are the Texas Legislature’s statutes and the Texas Department of Licensing and Regulation’s towing resources.

Texas Occupations Code Chapter 2308 contains the state’s vehicle towing and booting provisions, including the definitions of private-property towing and parking facility owners and requirements for unauthorized-vehicle removal.

Texas Property Code Chapter 209 governs important aspects of residential property owners’ associations, including certain notice and enforcement procedures.

For current towing compliance and consumer information, TDLR publishes its towing laws, rules, signage requirements, and consumer guidance.

Frequently Asked Questions About Texas HOA Towing Laws