A vehicle parked in an HOA community, apartment complex, or private parking lot may be subject to towing if the property owner has lawful grounds to remove it. But California law places specific restrictions on where the vehicle may be taken, and some towing companies may be overlooking an important requirement.
Under California Vehicle Code section 22658(n)(1), a vehicle removed from private property generally must be stored at a facility located within a 10-mile radius of the property where it was parked.
The statute provides an exception when the towing company has obtained prior general written approval from the law enforcement agency with primary jurisdiction over the city or county where the tow occurred.
This distinction matters. A towing company might claim that it has spoken with the local police department, that its storage facility is routinely used for private-property towing, or that written approval is required only for companies participating in the police department’s official towing rotation.
None of those explanations, standing alone, establishes compliance with the statutory exception. The law requires prior general written approval from the appropriate law enforcement agency. It does not expressly limit that exception to companies participating in a police towing rotation.
The 10-mile requirement also refers to a radius, rather than driving distance. A storage facility located more than 10 driving miles away does not necessarily violate the statute. The relevant inquiry is the distance between the original property and the storage facility, measured geographically.
What happens if the towing company violates the rule?
An unauthorized tow or improper storage arrangement may expose the towing company to civil claims. California Civil Code section 3070(d) also provides potential remedies when a vehicle is improperly towed to create or acquire a lienhold interest, including circumstances involving violations of Vehicle Code section 22658. The available remedies depend on the statutory requirements and facts of the particular case.
Vehicle owners who suspect a violation should preserve the towing receipt, identify the original parking location and storage facility, and request documentation establishing any claimed written law enforcement approval.
A property owner’s authority to remove an improperly parked vehicle does not give the towing company unlimited discretion over where that vehicle may be stored.
Legal Authorities
- California Vehicle Code § 22658(n)(1)(A)–(B) — official text
- California Civil Code § 3070(d) — official text
Related practice areas: Civil Litigation · Real Estate