When Can a Florida HOA or Condo Association Tow Your Car? Florida Towing Law Explained

Key Takeaways

• A Florida HOA or condo association has statutory authority to tow unauthorized vehicles from its property under Section 715.07(2), Fla. Stat. — but only if it complies with every requirement the statute imposes, including proper signage, storage-site proximity, and law enforcement notification.
• Signs must be posted at each driveway access or curb cut within 10 feet of the road, display ‘tow‑away zone’ in at least 4‑inch letters with the rest of the warning in at least 2‑inch light‑reflective letters on a contrasting background, and be in place before any towing is carried out.
• Towed vehicles must be stored within 10 miles of the point of removal in counties of 500,000 or more population, and within 15 miles in smaller counties. The storage site must be open for redemption from 8:00 a.m. to 6:00 p.m. and have a 24-hour reachable phone posted when closed. See Section 715.07(2)(a)1.a., Fla. Stat.
• The tow operator must notify the local police department or sheriff within 30 minutes after the tow is completed, providing make, model, color, and license plate number of the vehicle. See Section 715.07(2)(a)2., Fla. Stat.
• A vehicle owner who encounters the tow in progress may stop the removal by paying no more than half the posted towing rate and must receive a detailed signed receipt. See Section 715.07(2)(a)3., Fla. Stat. If a tow violates Section 715.07, the owner can sue the association and the towing company for damages under subsection (4) of the statute and related Florida common‑law claims.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Comparison Table: Statutory Towing Requirements — Compliance Checklist
• How This Issue Typically Comes Up
• Common Mistakes Associations Make
• What Associations Typically Argue and Why It Fails
• How the Statute Resolves This
• Edge Cases and Nuances
• What Homeowners Should Do
• When Legal Action May Be Necessary
• Actionable Summary Table
• Related Knowledge — Cross-Chapter Linking
• FAQ
• Key Terms Defined
• Conclusion
• About the Author
• Call to Action
• Disclaimer
• Sources

Short Answer

Florida HOAs and condominium associations may have unauthorized vehicles towed from their property under Section 715.07(2), Florida Statutes, but that authority depends on substantial compliance with the statute’s requirements, including signage, storage‑site distance, law‑enforcement notification, and owner‑reclaim rules. If an association or towing company fails to follow key statutory conditions—like having properly posted tow‑away signs, using a storage lot within the required 10‑ or 15‑mile radius, or promptly notifying law enforcement within 30 minutes—the owner has a strong basis to argue the tow was unlawful under Section 715.07. A wrongful tow gives the vehicle owner a private cause of action for damages under Section 715.07(5), Fla. Stat. Defects in signage, storage site proximity, or notification procedures expose both the association and the tow operator to liability.

How Florida Law Handles This Issue

Section 715.07 of Florida Statutes is the primary law governing the towing of vehicles from private property in Florida. It applies to any owner or lessee of real property — including condominium associations authorized to act as the designated representative of the property — who wishes to cause the removal of an unauthorized vehicle. The statute does not simply grant blanket authority to tow; it conditions that authority on a specific set of procedural requirements that must be satisfied before, during, and after any tow.

The legislature designed Section 715.07 to balance two interests: property owners’ right to control who parks on their land, and vehicle owners’ rights to fair notice, accessible storage, and protection from kickback arrangements between associations and tow operators. The statute accomplishes this balance by requiring clear pre-tow signage, limiting how far a vehicle can be taken, mandating police or sheriff notification within 30 minutes of completion, and giving vehicle owners an affirmative right to stop a tow in progress.

In Miami-Dade County — one of Florida’s largest counties with more than 500,000 population — the 10-mile storage radius applies, and the towing industry is active in planned communities throughout the county. Associations in Miami-Dade have a particular incentive to ensure their signage and procedures comply with Section 715.07 because the volume of towing activity makes disputes and wrongful-tow claims common. In Tampa and Orlando, where master-planned HOAs and condominium communities continue to grow, parking enforcement through towing is increasingly incorporated into community rules — and the procedural requirements of Section 715.07 apply fully regardless of what the governing documents say. A Delray Beach, FL HOA lawyer can help homeowners and associations understand Florida’s private property towing laws, determine whether a vehicle was lawfully removed, and resolve disputes involving parking enforcement, towing procedures, and compliance with statutory requirements.

Key Legal Rules

Section 715.07(2) of Florida Statutes establishes the foundational authority:

The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage

This provision confirms that a condominium association — acting as the designated representative of the property — has the statutory authority to cause a tow. The “without liability” language means the association will not be responsible for those costs when the tow is lawful. It does not mean the association is exempt from liability for a wrongful tow. The authority to tow at all is conditioned on the requirements that follow in subsection (2)(a).

Section 715.07(2)(a)1.a., Fla. Stat., governs where the towed vehicle must be stored:

Any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of fewer than 500,000 population. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times.

The county-population threshold has practical significance throughout Florida. In large counties — including Miami-Dade, Broward, Palm Beach, and Hillsborough — the 10-mile radius applies. In smaller counties, the 15-mile radius applies. When a tow operator stores a vehicle beyond the applicable statutory radius, the tow is defective. Additionally, the storage site must maintain specific hours for vehicle redemption and must have a 24-hour telephone number posted when closed. A site that is unreachable or inaccessible during required hours violates Section 715.07(2)(a)1.a.

Section 715.07(2)(a)2., Fla. Stat., requires post-tow notification to law enforcement:

The person or firm towing or removing the vehicle or vessel shall, within 30 minutes after completion of such towing or removal, notify the municipal police department or, in an unincorporated area, the sheriff, of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed, and the make, model, color, and license plate number of the vehicle or description and registration number of the vessel and shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.

The 30-minute notification requirement serves a critical purpose: it allows vehicle owners who report their car missing to quickly locate it through law enforcement records. The requirement is specific — the tow operator must notify the correct jurisdiction (police department if in an incorporated municipality, sheriff if in an unincorporated area), must provide the vehicle’s make, model, color, and license plate, must obtain the name of the person at the department who received the report, and must note that name on the trip record. Notification made 90 minutes after the tow, or made without obtaining the officer’s name, does not comply with Section 715.07(2)(a)2.

Section 715.07(2)(a)3., Fla. Stat., provides the vehicle owner’s right to stop the tow in progress:

A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in subparagraph 6. The vehicle or vessel may be towed or removed if, after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel.

When you show up while your car is being hooked up or moved and ask for it back, the tow company must stop and return the vehicle if you pay no more than half of the posted tow rate; if you cannot pay that fee after being given a reasonable chance to do so, the company may complete the tow. The maximum redemption fee at that point is one-half of the posted rate — not the full towing charge. The owner must receive a detailed signed receipt upon redemption. If the tow operator continues the removal despite a timely stop request, the tow is wrongful.

Section 715.07(2)(a)5.a.-b., Fla. Stat., establishes the mandatory signage requirements:

The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 10 feet from the road, as defined in s. 334.03(22). If there are no curbs or access barriers, the signs must be posted not fewer than one sign for each 25 feet of lot frontage. The notice must clearly indicate, in not fewer than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense. The words “tow-away zone” must be included on the sign in not fewer than 4-inch high letters.

Signage compliance is the most frequently contested issue in wrongful-tow claims. The statute requires signs at each driveway access or curb cut — not merely one sign at the main entrance. For properties without curbs or access barriers, a sign is required for every 25 feet of lot frontage. The text must appear in 2-inch light-reflective letters on a contrasting background, and the words “tow-away zone” must appear in 4-inch letters. Tow‑away signs must be up before an association can lawfully start towing, and they need to meet the statute’s size and placement requirements. A sign that omits required features—such as the ‘tow‑away zone’ wording, minimum letter sizes, or proper placement—may not satisfy Section 715.07 and can support an owner’s challenge to the tow.

Comparison Table: Statutory Towing Requirements — Compliance Checklist

Requirement	What the Statute Requires	Consequence of Non-Compliance	Statutory Basis
Signage — placement	At each driveway access or curb cut, within 10 feet of the road; or one sign per 25 feet of frontage if no curbs	Tow is wrongful — notice was defective	Section 715.07(2)(a)5.a., Fla. Stat.
Signage — lettering	“Tow-away zone” in 4-inch letters; unauthorized vehicle warning in 2-inch light-reflective letters on contrasting background	Tow is wrongful — sign did not meet statutory specifications	Section 715.07(2)(a)5.a., Fla. Stat.
Signage — advance posting	Posted at least 24 hours before any tow	Tow is wrongful — sign was not in place long enough to provide fair notice	Section 715.07(2)(a)5., Fla. Stat.
Storage site — radius	Within 10 miles (county 500,000+) or 15 miles (county under 500,000) of point of removal	Tow is wrongful — storage too remote	Section 715.07(2)(a)1.a., Fla. Stat.
Storage site — hours	Open for redemption 8:00 a.m. to 6:00 p.m. on days towing company operates; 24-hour phone posted when closed	Owner denied timely access to vehicle	Section 715.07(2)(a)1.a., Fla. Stat.
Law enforcement notification	Within 30 minutes after tow completion; provide vehicle details; obtain and record name of receiving officer	Tow is wrongful — owner unable to locate vehicle through law enforcement	Section 715.07(2)(a)2., Fla. Stat.
Stop-the-tow right	Operator must stop when owner requests return; return for not more than half the posted rate; give detailed signed receipt	Refusal to stop is a wrongful tow; exposes operator and association to damages	Section 715.07(2)(a)3., Fla. Stat.
Pay-or-take-money prohibition	No money may be exchanged between tow operator and association/representative for the privilege of towing	Arrangement is unlawful; tow may be characterized as kickback-driven	Section 715.07(2)(a)4., Fla. Stat.

How This Issue Typically Comes Up

Towing disputes in Florida communities arise in several recurring patterns. In one common Miami-Dade scenario, an HOA contracts with a towing company to remove vehicles from visitor parking spaces. The association posts a single sign at the community’s main entry gate but does not post signs at every driveway access point leading into the parking area. Section 715.07(2)(a)5.a. requires signage at each driveway access or curb cut — not just at the main gate. A tow conducted without signs at every access point is a wrongful tow under the statute.

In a Tampa community, the HOA’s tow operator removes a vehicle after 11:00 p.m. and stores it at a lot 22 miles from the point of removal. The county in which the community is located has more than 500,000 population, making the 10-mile storage radius mandatory. A vehicle stored 22 miles away plainly exceeds the statutory limit. The vehicle owner who drives to the nearest storage lots and cannot find the vehicle is entitled to treat the tow as wrongful.

In an Orlando condominium community, the tow operator completes the removal at 10:00 p.m. but does not notify the police department until 11:30 a.m. the following morning — more than 13 hours later. Section 715.07(2)(a)2. requires notification within 30 minutes after the tow is completed. A resident who calls the police department at midnight to report a missing vehicle will find no record of the tow because the operator never filed the required report within the statutory window. This failure to notify is a separate and independent ground for a wrongful-tow claim.

A fourth pattern involves selective enforcement. An association in Broward County regularly tows vehicles belonging to renters but does not tow similarly situated vehicles belonging to long-term unit owners. When the association has a pattern of enforcing parking rules against some residents while ignoring identical violations by others, the selective enforcement defense applies. An association that tolerates parking violations by some residents while towing others for the same conduct cannot rely on its general towing authority as a complete defense.

Common Mistakes Associations Make

The most common error is signage that covers only the main entrance. Section 715.07(2)(a)5.a. requires a sign at each driveway access or curb cut — meaning each entry point where a vehicle can drive onto the property from a public road. An association with four separate parking lot entrances must post compliant signs at all four, not just at the front entrance. One properly posted sign does not satisfy the statute for the remaining entry points.

Associations also frequently fail to verify that the tow operator’s storage site satisfies the county-specific radius requirement. The association may sign a contract with a tow company without asking where vehicles will be stored. If the storage yard is outside the applicable 10‑ or 15‑mile radius, each tow to that site may violate Section 715.07’s distance rule and give the vehicle owner a strong argument that the tow was unlawful. The association bears responsibility for confirming compliance before authorizing any tow.

A third common mistake involves failing to adopt towing authority through a properly noticed board meeting before towing begins. For HOA communities, towing rules must be enacted pursuant to Section 720.303(2), Fla. Stat., which governs rulemaking at properly noticed board meetings. For condominium associations, Section 718.112(2), Fla. Stat., governs the board’s rulemaking authority. If an association starts towing based only on an informal board decision—without adopting clear towing rules at a properly noticed board meeting—owners can argue that the association failed to follow the procedural steps Chapter 720 or 718 requires and that its towing program is unauthorized or unenforceable.

Associations often ignore the timing of their signage; while Section 715.07 requires compliant signs before towing begins, many practitioners recommend giving residents a reasonable advance period—such as a day or more—after signs go up before tows start, to avoid disputes about fair notice. An association that posts new signs and immediately begins towing is proceeding without the required notice period.

What Associations Typically Argue and Why It Fails

When vehicle owners challenge a tow as wrongful, associations typically argue: (1) the vehicle was clearly unauthorized — parked in a reserved space without a permit — so the technical deficiencies do not matter; (2) the owner had constructive knowledge that the area was a tow-away zone from community documents; or (3) the tow operator is independently responsible for procedural compliance and the association is not liable.

The “clearly unauthorized” argument is weak because Section 715.07 requires at least substantial compliance with a list of specific conditions; an owner can still challenge a tow when the association or towing company fails to follow key statutory requirements. A vehicle that is unquestionably parked without authorization can still be the subject of a wrongful tow if the association failed to post compliant signs or the operator failed to notify law enforcement within 30 minutes. The vehicle owner’s actual lack of authorization does not excuse the association’s failure to comply with the statute’s procedural conditions.

The constructive-knowledge argument — that the owner should have known towing was possible from governing documents, welcome letters, or general community awareness — does not satisfy Section 715.07’s signage requirements. The statute mandates physical signs with specific dimensions, letter sizes, and placement. A provision in a declaration stating that unauthorized vehicles may be towed is not a substitute for the statutory signage requirements. Florida law requires the notice at the point of entry, not in documents a new resident may have received months earlier.

The operator-responsibility argument fails when the association directed or authorized the tow. Section 715.07(2) confers authority on the property owner, lessee, or designated representative to cause the removal. An association that engages a tow operator and authorizes the specific tow shares in the legal responsibility for the removal. The association cannot insulate itself from a wrongful-tow claim simply by pointing to the tow operator as the entity that physically moved the vehicle.

How the Statute Resolves This

Section 715.07 effectively functions as a checklist: the more serious the departure from the statute’s conditions—such as missing tow‑away signs, storage too far away, late police notification, or ignoring a stop‑the‑tow request—the stronger the owner’s argument that the tow was unlawful under Florida law. When important conditions are missing—like tow‑away signs at all access points, a storage lot within the permitted distance, timely law‑enforcement notification, or honoring a stop‑the‑tow request—those defects can be used in court to argue that the tow violated Section 715.07. There is no balancing test that weighs the association’s interest in enforcement against the vehicle owner’s interest in their car.

The statute also resolves the financial dimension. Section 715.07(2)(a)4., Fla. Stat., prohibits any money being paid by or on behalf of the association to the tow operator for the privilege of towing a vehicle. This pay-or-take-money prohibition eliminates the financial incentive for tow operators and associations to work together to maximize the number of tows. An arrangement in which the association receives a per-tow fee from the operator, or in which the operator pays the association for the right to patrol the property, violates the statute.

Section 715.07(5), Fla. Stat., provides the remedy: a vehicle owner whose car was wrongfully towed has a private cause of action against both the association and the tow operator. The statute resolves liability by making both the property owner who authorized the tow and the company that performed it potentially responsible for the vehicle owner’s damages. A vehicle owner who can document specific violations of Section 715.07—such as missing signs or an over‑distance storage lot—has a solid basis to pursue civil remedies under Florida law.

Edge Cases and Nuances

One nuance involves the distinction between HOA and condominium authority. Section 715.07 applies to any owner or lessee of real property, including condominium associations acting as designated representatives. HOAs hold title to their common areas in most cases and have direct authority as property owners. A condominium association, by contrast, typically acts as a “designated representative” under Section 715.07(2) — the individual unit owners collectively hold the common elements. This distinction rarely affects the tow’s validity, but it can matter when determining which entity bears liability for a wrongful tow.

A second nuance involves vehicles belonging to guests and invitees. An association’s authority under Section 715.07 extends to any vehicle parked “without permission.” When an owner has authorized a guest to park in their assigned space, that vehicle is there with permission and cannot be lawfully towed as an unauthorized vehicle — even if the guest is parking in a space the association’s records show as belonging to a different unit. An association that tows a vehicle that was in fact authorized has no protection under Section 715.07.

A third nuance concerns disabled parking. Disabled‑parking rules add an extra layer of protection on top of Section 715.07: towing from marked accessible spaces can trigger penalties under other Florida statutes and the federal ADA, and when an association tows any vehicle—including one with a disability placard—from a non‑designated space, it must still follow all of 715.07’s normal towing procedures.

A fourth nuance involves the rate schedule requirement. Section 715.07 requires towing companies to file their tow‑rate schedule with local law enforcement and post it at the storage lot; if they do not, owners can argue that any fee charged—especially in a stop‑the‑tow situation—is improper and that the tow violated the statute.

What Homeowners Should Do

If your vehicle has been towed from a Florida community association property, immediately photograph the area where it was parked, documenting what signs were or were not present. Note the exact location, the number of driveway access points to the parking area, and whether signs were posted at each access point within 10 feet of the road as required by Section 715.07(2)(a)5.a. Sign defects — missing signs, improperly sized lettering, signs not at the right location — are the most common basis for a wrongful-tow claim.

When you retrieve the vehicle, ask the storage operator for the full address of the storage site and confirm the distance from where the vehicle was towed. If you are in a county with 500,000 or more population, the storage site must be within 10 miles of the point of removal. If it exceeds that distance, document it. You are also entitled to demand a detailed signed receipt under Section 715.07(2)(a)3. at the time of any redemption.

Call the local police department or sheriff’s office and confirm that the towing company reported the tow within 30 minutes after it was completed. Ask for the time the tow was reported and the name of the officer who received the report. If no report was made, or if the report was made well after the 30-minute window, that is a separate statutory defect supporting a wrongful-tow claim under Section 715.07(2)(a)2.

Request in writing from the association a copy of its towing policy, the board meeting minutes at which the towing rules were adopted, and the name of the tow operator under contract. This establishes whether the association complied with the rulemaking requirements of Section 720.303(2) (for HOAs) or Section 718.112(2) (for condominiums) before beginning to tow. If the towing policy was never formally adopted at a properly noticed board meeting, the association’s authority to tow may itself be defective.

When Legal Action May Be Necessary

Legal action becomes appropriate when a vehicle was towed in violation of one or more requirements in Section 715.07 — defective signage, storage beyond the statutory radius, failure to notify law enforcement within 30 minutes, refusal to honor a stop-the-tow request, or a prohibited financial arrangement between the association and the tow operator. Section 715.07(5), Fla. Stat., provides a private cause of action against the association and the tow operator for a wrongful tow. Recoverable damages include the costs of retrieving the vehicle, storage fees paid, rental car costs, and other damages caused by the wrongful removal.

Section 715.07 claims may also support a declaratory relief action if the association continues an unlawful towing practice. A vehicle owner who documents systematic signage defects at a community — for example, a Miami-Dade complex with multiple ungated access points and only one sign at the front entrance — may seek a declaration that the association’s towing program does not comply with Section 715.07 and an injunction requiring corrective compliance before any further tows are authorized.

For condominium communities, Section 718.303, Fla. Stat., provides prevailing-party attorney fees in actions to enforce the Condominium Act. For HOAs, Section 720.305, Fla. Stat., provides the same. A homeowner who can demonstrate that the association’s towing violated the governing statute may recover attorney fees, making enforcement economically viable even when the individual towing cost is a few hundred dollars.

Actionable Summary Table

Situation	Homeowner’s Right / Action	Statutory Source
Vehicle towed — signs only at main entrance, not at all access points	Challenge tow as wrongful; document all access points and sign placement	Section 715.07(2)(a)5.a., Fla. Stat.
Vehicle stored more than 10 miles from point of removal (county 500,000+)	Challenge tow as wrongful; document storage address and distance	Section 715.07(2)(a)1.a., Fla. Stat.
Tow operator failed to notify police/sheriff within 30 minutes	Obtain police report confirming late or no notification; challenge tow as wrongful	Section 715.07(2)(a)2., Fla. Stat.
Tow operator refused to stop when owner appeared and requested return	Refuse to accept refusal; document refusal; pursue wrongful-tow claim for full damages	Section 715.07(2)(a)3., Fla. Stat.
Charged more than half the posted rate for in-progress redemption	Dispute overpayment; demand itemized signed receipt; pursue wrongful-tow claim	Section 715.07(2)(a)3., Fla. Stat.
Association tows renters but not owners for same parking violation	You may raise a selective‑enforcement defense based on Florida case law and your governing documents by documenting a pattern of inconsistent enforcement.	Section 720.303(2); association governing documents
Towing rules were never adopted at a properly noticed board meeting	Challenge towing authority as improperly established; demand meeting minutes showing adoption	Section 720.303(2) (HOA); Section 718.112(2) (condo)
Association received per-tow payment from tow operator	Challenge arrangement as violating pay-or-take-money prohibition; preserve as evidence	Section 715.07(2)(a)4., Fla. Stat.

Related Knowledge — Cross-Chapter Linking

Section 715.07 governs towing from private property as a standalone Florida statute and applies to both HOA and condominium communities. However, the association’s authority to adopt towing rules must be exercised under the correct rulemaking authority. For homeowners’ associations governed by Chapter 720, towing-related parking rules must be adopted pursuant to Section 720.303(2), Fla. Stat., which requires a properly noticed board meeting. For condominium associations governed by Chapter 718, board rulemaking authority is governed by Section 718.112(2), Fla. Stat. The substance of the towing rule must comply with Section 715.07, but the procedure for adopting it is governed by Chapter 720 or Chapter 718, as applicable.

Within Chapter 720, Section 720.303(2) also governs the adoption and amendment of rules applicable to the use of common areas. An HOA that purports to designate new tow-away zones on common areas without following the required meeting-and-notice procedure is not complying with Section 720.303(2). Unit owners in HOA communities have the right to attend board meetings under Section 720.303(2)(b) and to speak on agenda items — including proposed towing policies — before the board votes on them.

For condominium owners, Section 718.303, Fla. Stat., provides the enforcement mechanism for violations of Chapter 718 and the declaration, including claims arising from improperly authorized towing. The prevailing-party attorney fee provision in Section 718.303 makes it economically viable to challenge an unlawful towing program. HOA homeowners have a parallel enforcement mechanism under Section 720.305, Fla. Stat., including the right to recover attorney fees when they prevail in an action to enforce a Chapter 720 statute or the governing documents.

FAQ

Can my Florida HOA tow my car from my own assigned parking space?

An association’s authority to tow under Section 715.07(2), Fla. Stat., extends only to vehicles parked without permission on the property. If you are parked in your own assigned space with the association’s knowledge or pursuant to your declaration, your vehicle is there with permission and is not subject to towing as an unauthorized vehicle. If the association tows a vehicle from your assigned space on the basis that it was improperly displaying a permit or that the permit had expired, the association must still comply with all signage, storage, and notification requirements of Section 715.07 — and any procedural defect makes the tow wrongful.

What do I do if the tow operator refused to stop when I asked for my car back?

Under Section 715.07(2)(a)3., Fla. Stat., a tow operator in the process of removing a vehicle must stop when the owner appears and requests return of the vehicle. The operator cannot lawfully continue if you request the vehicle back and offer to pay the half-rate fee. If the operator refused, document the refusal — note the time, the operator’s name if visible on the truck, and the truck’s identifying information. Florida law requires towing trucks to display the name, address, and telephone of the towing company in contrasting colors. A refusal to stop a tow in progress is a wrongful tow giving rise to a private cause of action under Section 715.07(5), Fla. Stat.

How far can the tow company take my car in Florida?

Section 715.07(2)(a)1.a., Fla. Stat., limits storage to within 10 miles of the point of removal in any county with 500,000 or more population, and within 15 miles in counties with fewer than 500,000 population. Miami-Dade, Broward, Palm Beach, and Hillsborough (Tampa) are among the counties above the 500,000-population threshold where the 10-mile limit applies. If your vehicle was stored beyond the applicable limit, that is a statutory defect that supports a wrongful-tow claim.

What signage does the association need before it can legally tow?

Section 715.07(2)(a)5.a., Fla. Stat., requires that signs be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within 10 feet of the road. If there are no curbs or access barriers, one sign is required for every 25 feet of lot frontage. The sign must display the words “tow-away zone” in letters at least 4 inches high and a warning that unauthorized vehicles will be towed at the owner’s expense in letters at least 2 inches high on a light-reflective background. A single sign at the main entrance does not satisfy the statute if there are multiple access points.

Can my Florida community association tow my car because my HOA dues are unpaid?

No. Section 715.07 authorizes towing of vehicles parked without permission on the property — it does not provide authority to tow a vehicle as a collection tool or as a penalty for unpaid assessments. Section 715.07 only authorizes non‑consensual towing of vehicles parked without permission; using towing simply as punishment for unpaid dues falls outside that statute and may support claims under Section 715.07 and common‑law theories like conversion.

Key Terms Defined

Designated representative: Under Section 715.07(2), Fla. Stat., a person authorized by the owner or lessee of real property to cause the removal of unauthorized vehicles. A condominium association may act as the designated representative for the condominium property. This status grants the association the towing authority that would otherwise belong to the individual property owners.

Tow-away zone: A posted area in which vehicles parked without permission are subject to removal under Section 715.07. The designation must be communicated by a physical sign meeting the statute’s specifications — “tow-away zone” in 4-inch letters, unauthorized-vehicle warning in 2-inch light-reflective letters on a contrasting background, posted at each access point. The zone is not validly established unless the signage meets every requirement of Section 715.07(2)(a)5.

Stop-the-tow right: The statutory right of a vehicle owner under Section 715.07(2)(a)3., Fla. Stat., to demand that a tow operator stop the removal and return the vehicle upon payment of not more than half the posted towing rate. The right arises the moment the owner appears and requests the vehicle’s return while the tow is still in progress. The tow operator must comply; refusal is a wrongful tow.

Pay-or-take-money prohibition: The rule in Section 715.07(2)(a)4., Fla. Stat., that no money may be paid by or on behalf of the association to the tow operator for the privilege of towing a particular vehicle. This prohibition prevents associations and tow operators from entering financial arrangements that create an incentive to maximize the number of vehicles towed from a property.

Wrongful tow: A tow conducted in violation of any requirement in Section 715.07. A wrongful tow gives the vehicle owner a private cause of action for damages under Section 715.07(5), Fla. Stat., against both the association or property owner who authorized the tow and the tow operator who conducted it.

Conclusion

Florida HOAs and condominium associations have clear statutory authority under Section 715.07(2), Fla. Stat., to remove unauthorized vehicles from their property — but that authority exists only when the association satisfies every condition the statute imposes: signs at each access point meeting the specification requirements, storage within the county-specific radius, law enforcement notification within 30 minutes after completion, compliance with the stop-the-tow right, and no prohibited financial arrangement with the tow operator. Even if a vehicle was parked without authorization, serious violations of Section 715.07’s requirements can make the tow unlawful and expose the association and towing company to potential civil and, in some cases, criminal consequences. If your vehicle was towed by a community association in a way that violates Section 715.07, you may bring a civil claim for your towing-related losses against the association and the towing company under that statute and Florida common law.

Speak with a Florida HOA Attorney

If your vehicle was towed from a Florida HOA or condominium community without proper signage, from a storage site beyond the statutory radius, without timely law enforcement notification, or in violation of your stop-the-tow right, Florida law gives you enforceable rights under Section 715.07. Perez Mayoral, P.A., with offices in Coral Gables, Tampa, and Orlando. We represent homeowners only. We never represent associations.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Florida law changes frequently; statutes cited reflect the 2025 Florida Statutes. Consult a licensed Florida attorney for advice specific to your situation.

Sources

Section 715.07, Florida Statutes (2025) — flsenate.gov

Section 720.303, Florida Statutes (2025) — flsenate.gov

Section 718.112, Florida Statutes (2025) — flsenate.gov