Does your community use booting as an enforcement mechanism?  “Booting” a vehicle involves placing a metal lock (i.e. “boot”) on one of the vehicle’s wheels making it impossible to drive or move the vehicle until the boot is removed.  Although booting is not as popular as towing, it has been used by associations as a less expensive alternative to address improperly parked vehicles in their communities.  Recently, however, at least one state has determined booting by private entities to be illegal.  In a recent Nevada Attorney General opinion, booting was deemed a form of theft and tampering, unless performed by a governmental or law enforcement entity.  Based on this ruling associations in Nevada can no longer boot vehicles.  What does that mean for Nevada associations?  It means there will now be more towing.  But is towing really a better alternative?  Towing is more expensive then booting and involves physical removal of the vehicle from the community as opposed to placing a boot on one wheel.  For this author, it is difficult to see how booting can be viewed as theft while towing a vehicle from the community is deemed acceptable.  For additional discussion on ways of enforcing parking restrictions, read our article, “Enforcement of Parking Restrictions.” What do you think?

Elina B. Gilbert
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