A legal private property tow in California requires four things to hold up: compliant signage posted at every entrance, a valid parking violation, written authorization from the property owner, and law enforcement notification within one hour. Miss any of them and the tow can be reversed at your expense.
This guide is for property managers and HOA boards who want to understand the compliance side before they ever call a tow company. If you already know the rules and need a tow dispatched now, go straight to our practical guide to getting an illegally parked car removed and call us at (858) 923-5787.
Understanding your rights as a property owner or manager
California Vehicle Code 22658 gives property owners and their authorized agents the right to remove unauthorized vehicles. That authority applies to apartment complexes, HOAs, retail centers, commercial lots, and private driveways. But CVC 22658 is also consumer-protective: it sets specific obligations you must meet before a tow is legal.
The statute’s goal is to balance your right to control your property against a vehicle owner’s right not to have their car removed without cause. When you follow the process correctly, the law is firmly on your side. When you skip steps, the vehicle owner can recover their tow and storage fees from you.
For a plain-English breakdown of exactly what the statute requires at each stage, see our CVC 22658 private property towing explainer.
The pre-tow compliance checklist
Run through this before you authorize any tow. A missed item here is what generates wrongful-tow disputes later.
1. Signage audit
Is every vehicle entrance to your property posted with a compliant sign? CVC 22658 requires:
- Signs at every entrance, including secondary access points
- Minimum size of 17 x 22 inches
- Text that includes the towing company’s name and 24/7 phone number
- Statement that unauthorized vehicles will be towed at the owner’s expense
- Your enforcement hours if not 24/7
- For properties with 25+ residential units: the initial tow fee or a reference to call for current rates
A single sign at the front gate doesn’t cover a property with multiple driveways. A hardware-store “No Parking” sign doesn’t satisfy the statute. Our full guide on private property towing sign requirements in California covers dimensions, lettering, height, and the most common deficiencies we see.
There are a few situations where you can tow without posted signage:
- The vehicle is blocking a fire lane
- The vehicle is blocking a driveway or entrance
- The vehicle is in an ADA space without a placard
- The vehicle is on a single-family driveway and blocking access
For everything else, the sign comes first.
2. Confirm a valid violation exists
Towing is authorized for actual parking violations, not disputes between neighbors, HOA rule conflicts, or personal disagreements. Valid violations include:
- Unauthorized vehicle in a reserved or permit-only space
- Vehicle in a fire lane, ADA space, or blocking an exit
- Vehicle parked in a common area for more than 24 continuous hours
- Vehicle blocking a driveway or access point
If the violation is ambiguous, document it and wait. Acting on an uncertain violation is how property managers end up liable.
3. Check the waiting period
For most standard unauthorized parking situations in a residential common area, California law requires that you document the vehicle has been parked for at least 24 hours before calling for a tow. There are exceptions:
- No waiting period for vehicles blocking fire lanes, ADA spaces, or access points
- No waiting period if the vehicle received a written warning within the past 96 hours
Tow operators must also wait at least one hour after verifying the violation before hooking the vehicle, unless an exception applies.
4. Document with timestamped photos
Before making the call, photograph the vehicle showing the license plate, the violation, and the relevant signage. These photos are your proof if the tow gets disputed. Note the date, time, and exact location.
The 4 steps to initiate a legal tow in San Diego
Once you’ve confirmed compliance, authorizing the tow is straightforward.
Step 1: Provide written authorization
CVC 22658(l) requires written authorization before the vehicle is moved. Your authorization must include the vehicle’s make, model, VIN, and plate; your name, signature, job title, and phone number; the reason for the tow; and the date and time. A reputable tow company won’t move a vehicle without this form signed and on file.
Alternatively, if you have a standing service agreement with your tow company, that agreement can authorize individual tows by phone within the conditions it specifies.
Step 2: Contact a licensed towing company
Use a professional towing service that specializes in private property impounds and knows CVC 22658. Give them the vehicle information and the violation. The towing company’s name must match what’s on your posted signs.
Quick Tow SD handles private property towing for properties across San Diego County. We carry the required service agreements, provide documentation on every tow, and include a free signage audit when we start working with a new property.
Step 3: Law enforcement notification
Within one hour of the tow, either you or the towing company must notify the appropriate law enforcement agency:
- SDPD for properties inside the city of San Diego
- Sheriff’s Department for unincorporated areas
- The city police department for incorporated cities like Chula Vista, Escondido, or Oceanside
The notification prevents the vehicle owner from filing a stolen-vehicle report. Failure to notify within the hour makes the tow legally invalid. We handle this step on every tow we run.
Step 4: Confirm the vehicle owner can retrieve the car
The vehicle owner must be able to retrieve their car during normal business hours. The tow company must accept release requests and cannot demand cash only or charge above statutory fee maximums. In San Diego County, standard release fees run $240 to $340; daily storage runs $50 to $75 per day.
Who pays, and when you might be liable
The registered vehicle owner pays towing and storage fees. You pay nothing, as long as every step above was followed correctly.
If the tow is later found to be unauthorized (bad signage, invalid violation, no written authorization, missed police notification), the property owner can be held jointly liable for tow and storage fees under CVC 22658(h). That’s the financial risk of skipping steps.
This is different from a wrongful tow situation, where the vehicle owner’s car was removed incorrectly. That scenario, and how vehicle owners can dispute an improper removal, is covered in our post on when a private property tow is illegal in California.
Setting up ongoing compliance for your property
For property managers who handle frequent violations, ad-hoc tows are inefficient. A standing service agreement with a licensed tow company is the cleaner approach. Under a standing agreement:
- Your designated staff can authorize tows by phone without a new form every time
- The tow company provides a patrol schedule and consistent documentation
- Signage is audited and kept current
- Every tow comes with a photo record
The CVC 22658 explainer covers what a properly structured service agreement should include and what questions to ask before signing one.
When to call us
Quick Tow SD partners with apartment complexes, HOAs, and commercial lots throughout San Diego County on private property enforcement. We provide the standing service agreements, free signage audits, and per-tow documentation that keep your property out of liability. Call us at (858) 923-5787 to discuss your property’s setup.
Frequently asked questions
What does CVC 22658 require before a property owner can legally tow a car?
Three things: compliant signage at every vehicle entrance, a valid parking violation, and written authorization from the property owner or their authorized agent. The tow company must also notify law enforcement within one hour of completing the tow.
Can an HOA tow a car without posted signs?
In most cases, no. Signs are required for virtually every private property towing situation except vehicles blocking fire lanes, ADA spaces, or driveway access. An HOA that tows without compliant signage risks being held liable for the vehicle owner’s tow and storage costs.
How long does a vehicle have to be parked before you can tow it from a common area?
For standard unauthorized parking in a residential common area, you generally need to document that the vehicle has been there for 24 continuous hours. Immediate tows are allowed for vehicles in fire lanes, ADA spaces, or blocking access.
What happens if we tow a car and the process wasn’t followed correctly?
The vehicle owner can dispute the tow and potentially recover their costs from the property owner. Under CVC 22658(h), property owners can be jointly liable when a tow was unauthorized. Working with a licensed operator who documents every step is the best protection.
Do I need a written service agreement with my tow company?
Not for every individual tow, but a standing service agreement is strongly recommended for any property that handles violations regularly. It creates pre-authorization under defined conditions and makes the process faster and more legally defensible.