Abandoned vehicles are one of the most common complaints HOA boards receive from homeowners. An inoperable car on the street, an unregistered vehicle in a driveway, a mystery car in the guest parking area — these situations erode property values, create safety concerns, and frustrate residents who follow the rules. This guide is specifically for HOA board members and community managers in Arizona who need to handle abandoned vehicles legally and effectively.
Your HOA's Legal Authority to Remove Abandoned Vehicles
Arizona HOAs have authority to remove abandoned vehicles from two sources:
1. Arizona State Law
Under ARS 9-499.05 and ARS 28-3511, HOAs (as private property owners) can authorize the removal of unauthorized vehicles from community property. This requires compliant towing signage at each vehicle entrance displaying the towing company name, phone number, and impound yard address.
2. Your CC&Rs and Community Rules
Most Arizona HOA CC&Rs include provisions about vehicle requirements — registration, operability, appearance, parking locations. When a vehicle violates these rules, the HOA has authority to enforce through its governing documents, which may include towing as a remedy.
Best Practice: Document Both Sources of Authority
Your HOA's towing authority is strongest when BOTH your CC&Rs explicitly authorize towing AND your signage complies with state law. If your CC&Rs are silent on towing, pass a board resolution adding towing as an enforcement remedy before starting a towing program.
Types of Abandoned Vehicles in HOA Communities
Inoperable Vehicles
Cars with flat tires, mechanical failure, or visible damage sitting in driveways, garages (with the door open), or on community streets.
Unregistered Vehicles
Vehicles with expired registration tags that have been sitting for weeks or months.
Former Resident Vehicles
A homeowner or renter moves out but leaves a vehicle behind — common during foreclosures and evictions.
RVs, Boats, and Trailers
Recreational vehicles parked in violation of CC&R storage rules, often on streets or in driveways beyond the allowed timeframe.
Unknown Vehicles
Cars with no connection to any resident, parked in guest areas, on community streets, or in common parking lots.
Step-by-Step Process for HOAs
- 1Identify and Document: Take photos of the vehicle including license plate, VIN, location, and condition. Note the date and any visible violations (flat tires, expired tags, damage).
- 2Check Your Rules: Verify the vehicle violates your CC&Rs or community rules. Document which specific rule is being violated.
- 3Issue a Violation Notice (if required): Some CC&Rs require a notice period before towing for homeowner-owned vehicles. For unknown or non-resident vehicles, immediate towing is typically allowed.
- 4Contact Your Towing Partner: Call Axle Towing at 480-288-5526. We will assess the situation and handle the removal professionally.
- 5Document the Tow: Keep records of the violation notice, photos, and tow authorization for your HOA files.
Cost to the HOA: Zero
Under Arizona's PPI model, all towing and storage costs are paid by the vehicle owner, not the HOA. Here is what the vehicle owner typically pays:
| Fee | Amount | Paid By |
|---|---|---|
| Towing fee | $200 - $275 | Vehicle owner |
| Daily storage | $25 - $35/day | Vehicle owner |
| After-hours release | $50 - $75 | Vehicle owner |
| Administrative fee | $25 - $50 | Vehicle owner |
| Cost to HOA | $0 | N/A |
Signage Requirements for HOAs
To legally tow vehicles from your HOA community, you must post compliant signage at every vehicle entrance. According to ARS 9-499.05, signs must include:
- The towing company's name
- The towing company's phone number
- The impound yard address
- A statement that unauthorized vehicles will be towed at the owner's expense
- Signs must be clearly visible and legible
Axle Towing provides free signage for all HOA partners. We handle the design, production, and installation guidelines to ensure full compliance with Arizona law.
Frequently Asked Questions
Can an HOA tow an abandoned vehicle in Arizona?
Yes. Arizona HOAs have the legal authority to tow abandoned and unauthorized vehicles from common areas and community streets under ARS 9-499.05 and ARS 28-3511, provided proper towing signage is posted. This authority is typically reinforced by the community's CC&Rs.
Does the HOA have to notify the vehicle owner before towing?
If the vehicle is clearly unauthorized and your signage is compliant, the vehicle can be towed without advance notice to the owner. For abandoned vehicles (especially those belonging to current homeowners), many HOAs choose to send a courtesy notice first, though this is not always legally required.
What if an HOA board member is worried about being sued for towing?
Arizona law protects property owners (including HOAs) who follow the proper procedures. Ensure your signage complies with ARS 9-499.05, use a licensed towing company, and enforce rules consistently. Board member liability insurance also provides additional protection.
Can an HOA tow a vehicle from a homeowner's driveway?
This depends on your CC&Rs and community rules. If the CC&Rs prohibit inoperable or unregistered vehicles on driveways and the vehicle violates these rules, the HOA may have authority to enforce after proper notice. Consult your HOA attorney for guidance specific to your community.
How much does HOA towing cost the association?
Nothing. Under Arizona's private property impound model, all towing and storage fees are paid by the vehicle owner, not the HOA. The HOA's only investment is the time to set up compliant signage and establish a towing partnership.
HOA Board? Let's Set Up Your Towing Program
Axle Towing & Impound works with HOA boards across the Phoenix metro area to establish compliant, effective towing programs. Free signage, free setup, free towing. We handle everything.