Legal Question in Landlord & Tenant Law in California

I live in a HOA. My car was towed with less than 24 hours after the first notice on the car. There is a sign at the entrance of the complex that appears to meet the requirement on CVC 22658 Subdivision (a) (1). Subdivision a (2) indicates there must be 96 hours notice. There is a third requirement. Do one of the three requirement need to be met in order to tow or must all three requirement need to be met? Specifically, does the entrace sign suffice for authorization to tow. Thank you.

Asked on 12/29/10, 9:53 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

There may be more facts that would be necessary to opine concretely as to whether or not the tow was legal. The sign alone, however, is generally enough to tow without 96 or even 24 hours notice. Read the end of the first paragraph of Section 22658(a) - "under ANY of the following circumstances:" As such, if there is a sign, then it can be towed because the presence of the sign is "any" of the four circumstances under which they can tow.

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Answered on 1/10/11, 2:39 pm

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