Parking is a never-ending issue in many communities, especially those located in cities or high-volume tourist areas. Towing unauthorized vehicles is one option, but many associations do not wish to remove owners’ property from the community. Vehicle immobilization, which includes but is not limited to, booting and installation of barnacles and wheel clamps, is another option to address parking issues.
During the 2025 legislative session, the legislature decided to step in and further regulate the process for immobilizing vehicles on private property. The new law applies to immobilization companies and private property owners, which includes HOAs.
HB 25-1117 governs vehicle immobilization in much the same fashion as HB 22-1314 does with respect to towing. Although the majority of the bill impacts contractors who attach immobilization devices to vehicles, it also contains provisions that impact private property located within HOAs. More specifically, associations must comply with approval, notice, and signage requirements before they can lawfully immobilize vehicles in their communities.
Authorization and Requirements Prior to Immobilization
Contractors are prohibited from immobilizing vehicles on private property unless:
- The immobilization is expressly ordered or authorized by:
- a court order,
- peace officer, or
- operation of law;
or
- Documented permission is provided, which must not be automated or preapproved. Such permission must:
- Be provided within the 24 hours immediately prior to the immobilization;
- On a form provided by the Public Utilities Commission authorizing each immobilization; and
- Be issued by either 1) the association’s board of directors, or 2) the association’s property manager.
Also, please note that much like towing laws, the new law prohibits immobilization of vehicles for the sole reason that the vehicle’s registration and/or license plates have expired.
Notice Requirements
With the exception of vehicles that may be immobilized without notice, written notice of the improper parking must be posted on the windshield of the vehicle at least 24 hours before installing the immobilization device.
The notice must provide the following:
- The vehicle will be immobilized if it remains parked inappropriately;
- A description of the reason the vehicle is parked inappropriately;
- The date and time the vehicle will be immobilized if it is not moved or the inappropriate parking is not corrected; and
- Continuing to park inappropriately in the same manner may lead to the vehicle being immobilized in the future without notice.
A vehicle may be immobilized without advance notice under any of the following circumstances:
- The vehicle is parked a second or subsequent time in the same inappropriate manner;
- The vehicle is parked in or effectively obstructing a fire hydrant or fire zone;
- The vehicle is parked in a disability parking space without an appropriate placard/plate;
- The vehicle blocks a driveway or roadway;
- The immobilization is authorized by a court order, peace officer, or operation of law;
- The vehicle is parked in another resident’s designated parking space without permission; or
- The vehicle is parked without authorization in a parking lot marked for the exclusive use of residents or invited guests.
When being immobilized, the immobilization contractor must place notice on the vehicle containing its phone number, normal operating hours, and number to contact outside of operating hours.
Signage
As with towing, the immobilization language requires notice of parking regulations be provided to all vehicle operators when the vehicles enter the community. In order to comply, we recommend posting the parking rules (or a summary) at all community entrances and in the parking areas themselves so they may be readily seen by anyone who parks a vehicle in the community.
The signs must contain the same information as that to tow a vehicle, and the new law provides the sign can be combined for both options. You can find all the specific sign requirements here.
On a final note, there are additional signage rules that apply in landlord/tenant situations, so, if your association owns a unit and rents it out, please make sure to contact the association’s legal representative to obtain the additional list of requirements for signage.
If you have questions concerning vehicle immobilization, please contact an Altitude attorney at 303.432.9999 or [email protected].