“Love your site and thanks for returning my call. The girlfriend’s truck was towed from in front of my condo without any prior warning or notification. Imagine waking up to discover its absence when she attempted to leave for work. Anaheim police had to tell us that it was in the impound yard and the reason described on the paperwork was ‘fire lane parking.’ When we talked you said you had fought many of these and even went to small claims court for one. It’s private property. There is a small red curb and nothing else. Thanks for helping us out.”

According to California Vehicle Code section 22658(a)(1), for a towing to be lawful, there must be a conspicuous sign, measuring at least 17 inches by 22 inches with lettering no less than one inch in height, displayed at all entrances to the property. This sign must prohibit public parking and inform vehicle owners that vehicles will be removed at their expense. Furthermore, the sign must contain the telephone number of the local traffic law enforcement agency and the contact information for each towing company with a written general towing authorization agreement with the property owner or lawful possessor. In this case, it’s your HOA.

Furthermore, Vehicle Code section 22500.1 outlines the necessary requirements for marking fire lanes. These requirements include the presence of a sign immediately adjacent to and visible from the designated fire lane, stating clearly in letters no less than one inch in height that it is a fire lane. Alternatively, the fire lane can be outlined or painted in red, accompanied by contrasting “FIRE LANE” wording clearly visible from any vehicle.

You said there are no signs and is no “fire lane” wording. Consequently, this aspect negates the legality of towing action. Depending on the specifics of the tow in question, Vehicle Code section 22658(l)(5) authorizes up to four times damages to be recovered when the tow is not legal.

Not only have we been successful in helping owners obtain refunds and some extra for the hassle, but I have also personally been affected by an illegal tow and obtained positive results by filing a lawsuit in small claims court. In my case, before trial, the property owner that had fought kicking and screaming finally went to the property and agreed there was no signage as required and realized that the contractor who had renovated the parking lot months earlier was responsible and got them to pay up.

* July 24, 2023, update: “You are awesome. You were right. She got a check today from the HOA to cover the towing costs, her time, and your time and didn’t even need to file a lawsuit. They put signs up last week and they painted ‘fire lane’ in yellow over the red…can’t miss it.”