Towing is one of the most contentious issues in HOA communities. Remove a resident’s car without following proper procedure and you’re looking at angry homeowners, potential lawsuits, and board liability. Here’s what Arizona law actually requires.

The Key Statute: ARS § 9-499.05

Arizona’s primary towing law for private property is ARS § 9-499.05, which governs when and how vehicles can be towed from private lots, including HOA communities, condos, and apartment complexes.

Here are the essentials:

Signage Requirements

Before any vehicle can be towed from private property, the property must have clearly visible signage posted at each entrance. The signs must include:

  • A statement that unauthorized vehicles will be towed at the owner’s expense
  • The name and phone number of the towing company
  • The address of the impound lot where vehicles will be taken

Signs must be permanently installed, clearly legible, and visible to anyone entering the property. Without proper signage, a tow can be considered unlawful — and the property owner or HOA could be liable.

Who Can Authorize a Tow?

Only the property owner or their authorized agent can order a tow from private property. For HOA communities, this is typically:

  • A board member
  • The property management company
  • A contracted patrol or enforcement company authorized in writing

A random resident cannot call a tow truck and have a neighbor’s car removed. The authorization must come from someone with legal authority over the common areas or parking facilities.

The 4-Hour Rule (City of Phoenix)

Within the City of Phoenix, local ordinances add an additional layer. Phoenix City Code § 36-145 generally requires that a vehicle must be in violation for a reasonable period and that the owner be given the opportunity to move it before towing — except in cases where the vehicle poses an immediate safety hazard (blocking a fire lane, for example).

Many communities adopt a policy of issuing at least one warning notice before towing for non-emergency violations.

Vehicle Owner Rights After Towing

If your vehicle has been towed, Arizona law provides several protections:

  • Right to retrieve personal belongings — The impound lot must allow you to collect personal property from the vehicle during business hours, even before you pay to release the car
  • Fee limits — Towing and storage fees must be reasonable and customary. Under ARS § 28-4842, a tow company cannot charge excessive fees
  • Release on demand — If you arrive while your vehicle is being hooked up but has not yet been removed, the tow operator must release it upon request (you may still be charged a reasonable drop fee)
  • Right to dispute — If you believe the tow was unlawful, you can pursue a claim in small claims court or through the Arizona Attorney General’s Consumer Protection Division

Abandoned Vehicles

Arizona has separate rules for abandoned vehicles under ARS § 28-4801 through 28-4849. A vehicle may be considered abandoned if it’s been left on private property for an extended period (typically 72+ hours in many jurisdictions) without authorization. The process for removing abandoned vehicles involves notifying law enforcement and following specific tagging and waiting periods.

How This Applies to HOA Communities

For HOA boards and property managers, the takeaways are:

  1. Get your signage right — Improperly posted or missing signs can make any tow legally questionable. Audit your property’s signage regularly.

  2. Document everything — Before towing, document the violation with photos, timestamps, and officer notes. A solid paper trail protects the board if a homeowner disputes the tow.

  3. Follow your CC&Rs — Most CC&Rs outline the specific process for towing, including notice requirements. Follow them exactly. Deviating from the documented process — even with good intentions — creates liability.

  4. Consider enforcement before towing — Towing is a last resort and creates significant conflict. Many communities find that a consistent citation and warning program reduces violations enough that towing becomes rare.

Desert Standards’ Approach

At Desert Standards, we don’t tow vehicles. Our patrol officers enforce parking rules through documented warnings and citations, backed by photographic evidence and Axon® body camera footage. We’ve found that consistent, professional enforcement — not towing — is what drives long-term compliance.

When a community does need a vehicle towed, our software provides the documentation trail (photos, violation history, prior warnings) that protects your board and satisfies Arizona’s legal requirements. We’ll coordinate with your preferred towing company so the process is handled properly.