Question:
In Washington State, what mechanisms are available for an Association to enforce its CC&R’s when a homeowner refuses to comply? For example, if parking on the property other than in the garage or in an area screened from view is not permitted under the CC&R Declaration, can the Association, (or the Board), after giving notice to the homeowner, tow the offending vehicle? I have read that in some states, the Board does not need to take an action through the courts, but only needs to demonstrate to the towing company that it has the authority to enforce the parking restriction. Is this the case in Washington, or is some sort of court order required. If so, what is the process for obtaining the order?
– Jon
Answer:
Hi Jon,
Generally, an HOA must contact law enforcement to tow a vehicle on public property. But, if the vehicle is on private property belonging to the HOA, then the HOA can tow it. That being said, you should check your local ordinances and your association’s governing documents, too. These will tell you what sort of powers you have when it comes to towing vehicles.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
