California Vehicle Code Section 22658 permits private property owners and HOA communities the legal authority to remove unauthorized vehicles, but it imposes specific obligations before each tow. Get signage right, and you can tow with one qualifying condition. Skip written authorization, and you may owe the vehicle owner twice the towing and storage charges.
This blog is written for property managers in California, HOA boards, and apartment community owners. They need to understand both sides of CVC 22658, including when towing is legal and what the law requires before and after each tow to remain protected.
The sections below cover the four triggering conditions. These conditions include signage specifications, written authorization requirements, tow company notification obligations, property owner liability, the one-hour grace period under CVC 22953, and a six-component compliance setup checklist.
This blog is for informational purposes only and does not constitute legal advice. Property managers and HOA boards should consult a licensed California attorney before making decisions regarding towing enforcement.
What California Vehicle Code 22658 Says: The Four Conditions That Authorize a Tow
A private property owner, lessee, or HOA has the authority to remove a vehicle from their property if any one of four independent conditions is met under California Vehicle Code Section 22658(a). These conditions are not cumulative, so meeting one is legally sufficient.
Condition 1, Signage (CVC 22658(a)(1)): Proper tow-away signs are posted in plain view at all property entrances. The property can tow any unauthorized vehicle without additional steps when compliant signs are in place. This is the most practical and most commonly used condition for ongoing parking management programs.
Condition 2, 96-Hour Parking Violation Rule (CVC 22658(a)(2)): A vehicle has been issued a parking violation notice, and 96 hours have elapsed since issuance. This condition is used primarily for abandoned or chronically parked vehicles.
Condition 3, Inoperable Vehicle (CVC 22658(a)(3)): A vehicle is missing essential operating parts such as the engine, transmission, wheels, tires, doors, or windshield, and local law enforcement has been notified. The vehicle is towed 24 hours after the notification.
Condition 4, Single-Family Dwelling (CVC 22658(a)(4)): The lot is a single-family residence. The property owner may tow without meeting commercial or multi-unit property requirements.
Condition 1 is the operative standard for most multifamily apartment complexes, HOA communities, and private commercial lots. Properly posted signage is the most reliable and most defensible basis for an ongoing towing program.
What Your Tow-Away Signs Must Say: The Exact CVC 22658(a)(1) Requirements
A tow-away sign under CVC 22658(a)(1) must meet five specific requirements. Missing any one of them can make the sign legally defective and expose the property to liability.
Requirement 1, Size: Each sign must be at least 17 inches by 22 inches in size.
Requirement 2, Lettering: Text must be at least one inch in height.
Requirement 3, Placement: Signs must be posted in plain view at all property entrances. All means every entrance, not only the main one.
Requirement 4, Required language: The sign must state that public parking is prohibited and that vehicles will be removed at the owner’s expense. Include the phone number of the local traffic law enforcement agency.
Requirement 5, Tow company identification: The sign must include the name and phone number of each tow company that has a written general towing authorization agreement with the property. This companion document is a legal requirement that is not displayed publicly but must exist before any non-consensual tow.
The property owner is liable for two times the towing and storage charges if the vehicle is towed under a sign that does not meet these specifications (CVC 22658). Walk every entrance to your property and check every sign against these five requirements. The signs must be replaced before you can legally tow under Condition 1 if your tow company has changed since the signs were last updated. Verify your signage compliance with a licensed California attorney before relying on it.
Written Authorization: What Must Happen Before Every Individual Tow
A tow company may not remove a vehicle from private property without first obtaining written authorization from the property owner, lessee, HOA, or their authorized employee or agent under CVC 22658(l). This person must be present at the time of removal and must verify the alleged violation.
Written authorization must include five items (CVC 22658(l)(1)(B)).
- Make, model, vehicle identification number, and license plate of the removed vehicle.
- Name, signature, job title, address, and phone number of the person authorizing the removal.
- Name, address, and phone number of each owner of the property.
- Grounds for removal of the vehicle.
- The time when the violation was observed and when the tow was authorized.
A narrow exception applies to small properties. A tenant may verify the violation and request a tow from their own assigned parking space for a residential rental property of 15 or fewer units without an on-site owner or agent. This exception is provided that the tenant submits a signed request or email to the property owner, who must then deliver it to the towing company within 48 hours of authorizing the tow.
The tow company must keep the original written authorization, photographs of the violation, and any tenant requests for at least three years. The company must produce them within 24 hours of a request from law enforcement, the Attorney General, a district attorney, or a city attorney.
The tow is potentially wrongful regardless of whether the vehicle was actually in violation if a vehicle is towed without proper written authorization. The documentation protects both the property manager and the tow company in any dispute.
What the Tow Company Must Do After the Vehicle Is Removed
California law places separate independent obligations on the tow company once a vehicle is removed. These are not the property’s obligations. Vehicle owners may dispute the tow when the tow company fails to meet their expectations, and the property manager typically gets drawn into the dispute.
Obligation 1, Law enforcement notification (CVC 22658(m)): The tow company must notify local law enforcement after the vehicle is in transit. Failure to notify within 30 minutes makes the tow company civilly liable to the vehicle owner for three times the towing and storage charges. Failure to notify within 60 minutes makes the tow company guilty of a misdemeanor.
Obligation 2, Owner notification (CVC 22658(b)): The tow company must immediately provide written notice of the removal, the grounds, and the storage location if it can determine the registered owner.
Obligation 3, Wrongful tow notice: The tow company must provide a separate written notice directing the owner to contact the local law enforcement or prosecuting agency if they believe they were wrongfully towed. This notice must be in English and in the most common other language in the jurisdiction.
Obligation 4, Credit card acceptance: Storage facilities cannot refuse a valid credit card for payment. Refusal creates liability for four times the towing and storage charges and is a misdemeanor.
Obligation 5, No gate fees during normal business hours: A storage facility may not charge a gate fee for releasing a vehicle during normal business hours.
Each of these obligations belongs to the tow company, not the property. Knowing which party is liable for each failure helps property managers select compliant partners and recognize when a vehicle owner’s complaint may be valid.
What Happens If a Tow Goes Wrong: Liability for Property Owners and HOAs
California law creates real financial liability for property owners and HOAs when a tow does not comply with CVC 22658 requirements.
Scenario 1, Improper or missing signage: The property owner is liable for two times the towing and storage charges to the vehicle owner if the tow-away signs at your property do not meet the CVC 22658(a)(1) requirements, whether through the wrong size, missing language, or outdated tow company information. A $400 tow becomes an $800 liability.
Scenario 2, No written tow authorization: The tow is potentially wrongful if a tow company removes a vehicle from your property without proper written authorization from a present property representative. The property may be named in any legal action the vehicle owner brings, while the tow company has the primary obligation.
Scenario 3, Towing without the one-hour grace period: The property owner is liable for two times the towing and storage charges plus attorney fees if any area of your property qualifies as open to the public under CVC 22953 and you authorize a tow before the vehicle has been parked for one hour. The grace period section below explains which areas are subject to this rule.
Five steps to protect your property from towing liability.
- Verify all signage meets the exact CVC 22658(a)(1) specifications.
- Maintain a current written general towing authorization agreement with your tow company.
- Make sure a property representative is present and signs a complete written authorization for every individual tow.
- Choose a tow company that meets the 30-minute law enforcement notification requirement.
- Use a digital permit and enforcement system to create a timestamped documentation trail for every enforcement action.
These statements are general guidance from the statute, not specific legal advice. Consult a California attorney for your specific situation.
The One-Hour Grace Period: When CVC 22953 Applies to Your California Property
California Vehicle Code Section 22953 creates a one-hour grace period before a vehicle can be towed from a private parking facility that is held open to the public. The vehicle must have been parked for at least one hour before a tow can be authorized during this period.
An area is considered open to the public when members of the general public can enter without a meaningful barrier. Examples include unguarded visitor parking areas that anyone can drive into, shopping center lots, and any ungated common area of an apartment complex or HOA.
The one-hour rule does not apply in the following three situations.
Exemption 1: Spaces designated for residential parking only, including resident-assigned spaces and gated resident-only lots. These are not open to the public, and towing can proceed immediately under Condition 1.
Exemption 2: Vehicles parked within 15 feet of a fire hydrant, in a fire lane, or in a manner that blocks an entrance to or exit from the property may be towed immediately.
Exemption 3: Vehicles in a space designated for a disabled person that do not display a valid placard or license plates.
Map your property and identify which areas any member of the public can drive into without a gate or barrier. Those areas are subject to the one-hour rule. Your resident-only gated areas are not, and you can tow from them immediately under condition 1.
Six Steps to a Legally Defensible Towing Program for Your California Property
A legally defensible California towing program requires six operational components. Missing any one of them creates liability exposure.
Component 1, Signage audit: Walk every entrance and verify each sign meets the CVC 22658(a)(1) specifications. The specifications are 17 by 22 inches, with one-inch lettering, the correct language, your current law enforcement phone number, and the name and phone number of your current tow company. Replace the sign before authorizing any tow if any detail has changed.
Component 2, Written general towing authorization agreement: Confirm you have a current written agreement with your tow company. The company named in the agreement must be the company named on your signs.
Component 3, Individual tow authorization process: A property representative must be physically present at every tow, must verify the violation, and must sign a fully completed written authorization form. Establish a clear internal process for this step and train all relevant staff.
Component 4, Tow company compliance verification: Confirm the company will meet the 30-minute law enforcement notification requirement before signing any towing contract. Also, provide the required written notice to every vehicle owner, accept credit cards, and do not charge gate fees during business hours.
Component 5, One-hour grace period mapping: Identify which areas of your property are subject to CVC 22953 and which are exempt. Train enforcement staff on where the one-hour wait applies.
Component 6, Digital permit and enforcement records: Use a digital permit management system to maintain timestamped records of every registered vehicle, every violation observation, and every tow authorization. This documentation trail is your protection in any wrongful tow dispute.
Reliant Parking’s enforcement tools support all six components. The tools are the Manager Portal for permit records, the Enforcement App for real-time verification and documentation, and trusted tow company partnerships with CVC-compliant procedures.
Is Your Property’s Towing Program Fully Compliant Under California Law? A Decision Guide
Four common property profiles each have a specific primary compliance concern.
Profile 1. HOA with visitor parking open to any member of the public. The CVC 22953 one-hour grace period applies to your visitor areas, while your resident-assigned spaces are exempt. Make sure enforcement personnel understand which zones require a one-hour wait and which do not. Map out the distinction before beginning any enforcement patrols.
Profile 2. Multifamily apartment complex with 15 or more units and on-site staff. The written authorization process for individual tows is your primary concern. A staff member must be physically present, must verify the violation, and must sign a fully completed written authorization before every tow. A general delegation to the tow company to patrol and remove vehicles at its own discretion is not permitted for properties of this size.
Profile 3. Property where the tow company supplied and installed the signs. Verify the signage independently. Confirm the signs meet the exact CVC 22658(a)(1) specifications yourself. A defective sign creates 2x liability even if the tow company installed it.
Profile 4. Property where residents frequently dispute tows. The documentation trail is your primary concern. Every violation observation, authorization, and tow company notification must be in writing with a timestamp. A digital permit and enforcement system is the most reliable way to maintain this record and produce it within 24 hours if required.
Davis-Stirling Act and HOA Towing in California: What Board Members Need to Know
CVC (California Vehicle Code) 22658(a) includes common interest developments under California law, granting HOAs towing authority similar to individual property owners. The Davis-Stirling Act mandates that HOAs follow notice and enforcement procedures in their CC&Rs (Covenants, Conditions, and Restrictions) before towing a homeowner’s vehicle, requiring compliance with both CVC 22658 and CC&Rs. HOA boards must align their parking policies with these regulations and consult their attorney when updating enforcement procedures.
The 96-Hour Parking Violation Rule in California: When and How to Use It
A vehicle may be towed under CVC 22658(a)(2) if it has a parking violation notice and 96 hours have passed since issuance. This rule mainly targets abandoned vehicles, not routine unauthorized parking. The property must document when the notice was issued to tow, as the 96-hour period starts then. CVC 22658(a)(1) allows immediate towing of unauthorized vehicles without waiting for quicker parking enforcement.
How to Choose a Tow Company That Keeps Your California Property Compliant
Your tow company shares legal responsibility in California. Your property is at risk if they fail to notify law enforcement within 30 minutes of towing or do not provide written notice to the vehicle owner. Receive written confirmation of their parking compliance with the 30-minute rule before signing the towing contract or accepting credit cards at the storage facility. Update signage at all entrances, as required by CVC 22658, if you change tow companies.
How a Digital Parking Permit System Supports CVC 22658 Compliance
The CVC 22658(l) written authorization requirement mandates documented grounds for each tow, including the observation and authorization times. Traditional systems often struggle to maintain these records consistently. A digital parking permit system resolves this by creating timestamped records for every vehicle, violation, and enforcement action, ensuring documentation can be provided within 24 hours for compliance verification. It also allows enforcement officers to quickly check vehicles against a live permit database, minimizing the chances of mistakenly towing registered vehicles without visible permits.
What to Do When a Resident Disputes a Tow at Your California Property
Ensure compliance with CVC 22658 when a resident disputes a tow at your California property. Check if the signs were correct, authorization was obtained, the violation was documented, and law enforcement was notified within 30 minutes. Maintain thorough records, including written authorization and violation photos, as required for three years to resolve parking conflicts. Refer residents who feel wrongfully towed to the notice provided at vehicle release for local law enforcement contact, and advise them to seek legal advice before resolving the issue directly.
Frequently Asked Questions
What does California Vehicle Code 22658 say about towing from private property?
CVC 22658(a) permits private property owners, lessees, and HOA communities to remove unauthorized vehicles if any one of four independent conditions is met: compliant tow-away signage at all entrances, a parking violation notice with 96 hours elapsed, an inoperable vehicle with law enforcement notified, or the lot is a single-family residence. Meeting one condition is legally sufficient. Signage under Condition 1 is the most commonly used basis for ongoing towing programs.
What are the sign requirements for towing under CVC 22658 in California?
A tow-away sign must meet five requirements: at least 17 by 22 inches in size, text at least one inch in height, posted in plain view at every property entrance, language stating public parking is prohibited and vehicles will be removed at the owner’s expense including the local law enforcement phone number, and the name and phone number of each tow company with a written general authorization agreement. The property owner owes two times the towing and storage charges if any requirement is missing.
Is written authorization required before every tow in California?
Yes. A tow company may not remove a vehicle without first obtaining written authorization from the property owner, lessee, HOA, or their authorized representative under CVC 22658(l). A property representative must be physically present, verify the violation, and sign a completed authorization form that includes the vehicle details, the authorizing person’s information, the grounds for removal, and the observation and authorization times.
What is the one-hour grace period under CVC 22953 in California?
CVC 22953 requires that a vehicle be parked for at least one hour before a tow can be authorized from any private parking facility open to the public. This includes unguarded visitor areas and ungated common areas of apartments and HOAs. The rule does not apply to resident-assigned spaces and gated resident-only lots, vehicles blocking a fire hydrant or property entrance, or vehicles in disabled parking spaces without a valid placard.
What liability does a California property owner face for a wrongful tow?
Three liability scenarios exist: improper or missing signage creates liability for two times the towing and storage charges; towing without written authorization makes the tow potentially wrongful and exposes the property to legal action; and towing from a public-access area before the one-hour grace period under CVC 22953 creates liability for two times the charges plus attorney fees.
How does the Davis-Stirling Act affect HOA towing authority in California?
CVC 22658(a) grants HOA communities towing authority similar to individual property owners. The Davis-Stirling Act additionally requires HOAs to follow notice and enforcement procedures defined in their CC&Rs before towing a homeowner’s vehicle. HOA boards must comply with both CVC 22658 and their CC&R procedures, and should consult a licensed California attorney before updating enforcement policies.
