Can You Legally Tow a Car Off a Private Property in Phoenix, Arizona?

If you own or manage a private property, homeowners association (HOA), apartment complex, or commercial property in Phoenix, Arizona, you might encounter situations where you need to remove an unauthorized vehicle. Understanding the legal framework for towing vehicles is crucial to avoid potential legal issues. Here, we’ll explore the key aspects of Arizona’s towing laws as they apply to private properties.

Understanding Arizona Revised Statutes § 9-499.05

Arizona Revised Statutes Title 9, Section 9-499.05, provides a detailed framework for towing vehicles from private properties. Here are the primary points you need to know:

Authority to Set Rates

Cities and towns in Arizona have the authority to regulate the maximum rates and charges for towing, transporting, or impounding vehicles from private properties without the vehicle owner’s permission. This regulation ensures that towing companies cannot overcharge for their services within the jurisdiction of the city or town [source].

Posting Signs

Property owners or their agents must post clear and visible signs in the parking area. These signs must include the following information:

• Parking restrictions.
• Consequences for violating these restrictions, including towing and potential costs.
• Maximum cost to the violator, including towing and storage fees.
• Contact information for locating and retrieving the towed vehicle.

More details can be found here.

Permission for Towing

Towing a vehicle without the owner’s consent is illegal unless specific conditions are met:

• The towing company must receive a request from a law enforcement agency.
• The property owner or their agent must provide express written permission for the tow. This permission can be granted through a signed towing order or a written contract valid for a specific period [source].

Misdemeanor Classification

Violating these statutes, particularly towing a vehicle without proper authorization, is considered a class 2 misdemeanor. This classification underscores the importance of adhering to the legal requirements when towing vehicles from private properties [source].

Practical Steps for Property Owners to Legally Tow a Vehicle From Your Property

To legally tow a vehicle from your private property in Phoenix, follow these steps:

Post Proper Signage

Ensure that all parking areas have clearly visible signs at each entrance and within the parking lot. The signs should detail parking restrictions, potential towing consequences, and the costs involved.

Obtain Written Authorization

Always secure written authorization before towing any vehicle. This can be through a specific towing order signed by the property owner or agent or a valid contract covering a set period.

Coordinate with Towing Companies

Work with reputable towing companies familiar with Arizona’s towing laws. Ensure they understand and comply with the legal requirements to avoid any legal complications.

Keep Records

Maintain detailed records of all towing activities, including the written permissions and any communications with law enforcement if involved. This documentation will be crucial if any legal issues arise.

Specific Situations: HOAs, Apartment Complexes, and Commercial Properties

Homeowners Associations (HOAs)

HOAs often have their own rules and regulations regarding parking. These rules must be communicated to residents, and proper signage should be posted. Ensure that any towing actions comply with both HOA rules and Arizona state laws.

Apartment Complexes

Apartment managers should inform tenants about parking rules and consequences for violations. Regularly review and update towing contracts and ensure all signage meets state requirements.

Commercial Properties

For commercial properties, clearly define parking areas for customers and employees. Unauthorized vehicles should be handled according to the established signage and with proper written authorization for towing.

Conclusion

Understanding and complying with Arizona Revised Statutes § 9-499.05 is essential for property owners and managers in Phoenix. By following these guidelines, you can legally and effectively manage parking on your property, ensuring unauthorized vehicles are dealt with appropriately while avoiding potential legal issues. If you need professional assistance, All Valley Impound is here to help with expert towing services that adhere to Arizona’s legal requirements.

For more detailed information, you can refer to the full text of the statute on the Arizona Legislature’s website here.