Move That Car! Final Proposed Towing Regulations Clarify HOA Towing Authority
Last Friday afternoon an Administrative Law Judge ("ALJ") at the Colorado Public Utilities Commission issued revised proposed towing regulations. The Towing Carrier Rules start on page 57 of this document. This updated version of the proposed regulations is not nearly as onerous for community associations as the first version that was introduced back in January. For example, this latest version of proposed regulations does not require associations to post signs every 10 feet in their parking lots and allows associations to continue making towing carriers their authorized agents. In fact, the ALJ's revisions to the proposed rules seem to have accounted for most of the concerns expressed by members of the Community Associations Institute. As an added bonus, these new regulations will clarify the proper signage for giving notice prior to authorizing nonconsensual tows from residential parking lots.
The proposed towing regulations will go into effect 20 days from Friday, August 2, 2013, unless objections are filed or the Public Utilities Commission otherwise delays the effective date.
Associations should review the towing regulations with their legal counsel to ensure compliance with the new rules, including the requirements for contracting with a towing carrier to authorize tows and posting proper signage to give notice of parking rules and towing enforcement. Please contact an attorney in our office for assistance with your association's towing rules.