August 2002
Enforcing Parking Rules and Dealing With Abandoned Cars
By Douglas T. Alexander, Esq.

Appeared in the October 2004 issue of
CAI Southern Arizona Chapter Newsletter

What options are available to your Association in enforcing its parking rules? What can you do to legally remove an abandoned vehicle?

Abandoned Vehicles. If a vehicle has been left unattended for 48 hours on a public street or for 72 hours on a common area street or parking area, it is considered abandoned under the Arizona statutes. One way of determining whether a vehicle is abandoned is to place a dated form or a sticker on the vehicle which states that, if the vehicle is not moved within the required time period, it will be deemed abandoned and will be towed. If a vehicle is stored on a private lot, it shall not be deemed to be an abandoned vehicle under state law.

Once you have determined that a vehicle has been abandoned on a street or parking area within your community, how do you get rid of it? You can call the police or sheriff’s department and report the abandoned vehicle. An officer who has reasonable grounds to believe that a vehicle has been abandoned may have that vehicle towed. Alternatively, the Association can have the vehicle towed. An authorized Association representative must complete a “Vehicle Removal Written Authorization” form, provided by the Arizona Department of Transportation Motor Vehicle Division. This form is available on their website, http://www.dot.state.az.us/mvd/formsandpub/. The form must then be submitted to the Abandoned Vehicle Unit of the Motor Vehicle Division. Generally, tow truck drivers will have copies of this form with them. The Owner of the vehicle is ultimately liable for any reasonable costs incurred in towing or storing the vehicle, however, the Association will be responsible for paying the fee to the towing company to have that vehicle towed.

Enforcing Association Parking Rules. The Association can enforce parking restrictions in its parking areas, as well as on its private streets. The Association may also enact and enforce rules that control parking on private lots (e.g., restrictions on parking in yards).
If your Board wants to be able to tow non-compliant vehicles, proper signage is a prerequisite. Generally, the Association is deemed to have given consent to unrestricted parking by the general public on common area streets, unless signs are posted that are clearly visible and readable from any point on the streets, and at each entrance to the community. These signs must contain, at least, the following information:

Restrictions on parking (Number of hours, times of the day, etc.).

Disposition of vehicles found in violation of the parking restrictions (Where the vehicles will be towed).

The maximum cost to the parking violator, including storage fees and any other charges that could result from the disposition of the vehicle.

The telephone number and address where the violator can locate his/her vehicle after it has been towed.

Be aware that a towing company cannot tow a vehicle from private property without the permission of the owner of the vehicle, unless the towing company either receives a request from a law enforcement agency, the express written authorization of the property owner (or the owner’s agent), or a court order granting the Association the authority to go onto the property and remove the vehicle. The Association typically is the property owner of the common areas and can authorize towing from those areas.

When setting up an arrangement with a towing company to enforce the posted rules, the towing company will want a copy of the Association’s Covenants, Conditions, and Restrictions, or a copy of the Rules of the Association that shows the parking restrictions. The company may charge the Association a retainer. The Association is responsible for procuring and posting the necessary signs. The towing company will only accept direction from authorized individuals, usually members of the Board of Directors, or a property manager, if applicable. Calls from non-authorized individuals will not be acted upon by the towing company.

City of Tucson Ordinances. The City of Tucson also has ordinances which will help the Association deal with parking problems on streets owned by the City. In the City, it is unlawful to:

1. Park your vehicle on the property of another without having in the driver’s possession the written permission of the Owner or Tenant of the property.
   
   
2. Park a vehicle on an unpaved lot for the purposes of selling the vehicle. There is an exception to this, however, if the owner of a Lot is displaying and selling a vehicle that he owns. The Owner is limited to one vehicle for sale.
   
   
3. Park a vehicle on any city street when the vehicle does not bear conspicuous proof of current registration. (Ex: a license plate with current registration tags)
   
   
4. Park, and leave unattended, any vehicle for a period of forty-eight (48) hours.

In these cases, the Association should notify the City of Tucson Police Department. The Law Enforcement Officer should issue a citation to the owner of the vehicle. If the owner of the vehicle fails to respond within 7 days from the day the citation was issued, the Police Department may impound the vehicle.

Pima County Ordinances. Pima County has adopted the Arizona statutory parking regulations for areas outside Tucson city limits. Additionally, Pima County ordinances prohibit parking along “streets, highways, avenues, alleys or parts thereof” if these areas are posted with signs that prohibit parking.

There are a number of steps that an Association can take in order to control parking problems within their boundaries. A through knowledge of the available remedies can lead to a more effective enforcement procedure, and enhance the appearance of the Association.

Douglas T. Alexander, Esq. is an attorney with the Goldschmidt Law Firm, a Tucson provider of a full spectrum of community association legal services.