Orange County Appellate Court Upholds Towing of Inoperable Vehicle

The Fourth District Court of Appeal in Orange County has upheld the towing of an inoperable vehicle by a Homeowner Association.  In YAN SUI v. STEPHEN D. PRICE, just published in June, 2011, the court affirmed the dismissal of a lawsuit against an association which towed an inoperable vehicle which was in violation of the CC&Rs.  The court also upheld the towing which was done in compliance with Vehicle Code section 22658.  Vehicle Code section 22658, subdivision (a), permits an association of a common interest development to remove a vehicle parked on the property under a variety of circumstances, including the giving of notice of the parking violation, and the lapse of 96 hours after such notice. Thus it was not inappropriate to enforce a parking rule in the manner authorized by law.