Yes, a Florida HOA or condo association can have your car towed from the community's common areas or another owner's assigned space, but only if it follows Florida's towing law. That law requires proper signage and, in many cases, notice. If the signs or the process were wrong, the tow may be improper and you may be able to recover your costs.

The statute

Vehicle towing from private property in Florida is governed by Florida Statute 715.07. It applies to associations towing from common elements, guest spaces, and other owners' assigned parking. Key requirements:

  • Signage. Properly worded, visible signs must be posted at each vehicle entrance (or, for a single space, at the space), stating that unauthorized vehicles will be towed at the owner's expense, along with the towing company's name and phone number. Missing or noncompliant signs are the most common defect.
  • Authorization. The tow generally must be authorized by the property owner or its agent (the association), not ordered by another resident.
  • Your belongings and access. The towing company must follow rules on storage, fees, and letting you retrieve personal property.

Your governing documents (the declaration and parking rules) also matter. The association can only enforce parking restrictions its recorded documents and validly adopted rules actually authorize.

How to tell if the tow was improper

  • There were no compliant tow-warning signs at the entrances (or the space).
  • You were parked in your own assigned space or a spot you were entitled to use.
  • The association had no rule authorizing the restriction it towed you for.
  • The towing company overcharged or would not release your car or belongings.

Step by step

  1. Get your car back first. Pay to release it if you must (keep the receipt), then challenge the charge. Note the tow company, time, and location.
  2. Photograph the signs (or the lack of them) at the entrances and the space. This is your key evidence under 715.07.
  3. Request the parking rules and the tow authorization with a records request (/documents/records-inspection-request). Confirm the rule was validly adopted and the tow authorized.
  4. Demand a refund in writing if the signage or process violated 715.07, citing the statute.
  5. Escalate. For a condo, a parking-rule or common-element dispute can go to DBPR nonbinding arbitration or mediation under 718.1255, and you can file complaint form 33-032 (/documents/dbpr-complaint-guide). For an HOA, the path is usually pre-suit mediation and small claims court (money disputes up to $8,000). An improper-tow claim under 715.07 can also go to small claims regardless of association type.

HOA vs condo note

The towing law (715.07) applies to both. The difference is escalation: condo owners can use DBPR for the association-rule side, while HOA owners generally rely on mediation and the courts.

What you can do next

Photograph the signage, get the parking rules and tow authorization with a records request (/documents/records-inspection-request), and demand a refund in writing if 715.07 was not followed. Condo owners can file DBPR form 33-032 (/documents/dbpr-complaint-guide); anyone can take an improper-tow claim to small claims court.