Towing Trouble: Lessons from a Florida HOA Controversy

Imagine waking up to the sound of a tow truck hauling your car out of your own driveway for expired tags—a violation not even visible from the street. That’s exactly what residents of a Pasco County neighborhood recently experienced, as reported here.

This incident highlights the need for HOAs to tread carefully when it comes to towing enforcement, especially when dealing with sensitive issues like private driveways and expired vehicle registrations.

Towing Sparks Outrage

In Spring Hill, Florida, residents of Lone Star Ranch found themselves at odds with their HOA and its towing vendor, A-1 Recovery, after cars were towed from private driveways in the middle of the night.

One resident, Brennan Wells, discovered his truck was towed because his registration was one month expired. The tow cost him over $200, a significant expense for a full-time student and Coast Guard veteran.

Security footage showed A-1 Recovery employees entering private property without explicit homeowner consent, photographing tags, and towing vehicles—even attempting to tow a Tesla still plugged into its owner’s house. Deputies later intervened, warning the towing company that such actions could constitute vehicle theft without proper authorization.

"Towing is one of the most emotion-inducing enforcement tools available to HOAs. While it can be a necessary remedy, misuse can lead to public backlash, strained community relationships, and potential legal consequences."

Key Takeaways for HOAs

1. Evaluate the Rule's Purpose
   • Towing for expired tags may be enforceable, but ask: What is the legitimate purpose? Does the rule serve safety, aesthetic, or community value? Arbitrary enforcement erodes trust and fuels resident frustration.
2. Review Vendor Contracts
   • Towing companies are businesses. Contracts that give them free rein to tow, often called “open tow” policies, can lead to overzealous enforcement. Clearly define when and where towing is permitted and retain HOA oversight of towing decisions.
3. Follow Statutory Requirements
   • Florida law requires clear signage and proper authorization for towing. Ensure vendors assist with compliance, such as posting tow-away zone signs and documenting violations appropriately.
4. Have a Clear Policy
   • If your governing documents allow for towing, establish a transparent policy. Include clear steps for enforcement, notice requirements, and documentation (e.g., time-stamped photographs) to justify towing actions.
5. Communicate with Residents
   • Make residents aware of the rules and the reasons behind them. Clear communication reduces misunderstandings and helps residents see enforcement as fair and reasonable.

Think Before You Tow

Towing is one of the most emotion-inducing enforcement tools available to HOAs. While it can be a necessary remedy, misuse can lead to public backlash, strained community relationships, and potential legal consequences. Before towing, ensure the rule is enforceable, purposeful, and fair.

At DHN Attorneys, we help HOAs navigate tricky issues like towing enforcement. If your association needs guidance on vendor contracts, policy creation, or resident communication, contact us today. We’re experienced real estate attorneys in Orlando, HOA lawyers, and property lawyers committed to fair and effective governance.