Q: I live in a gated, over-55 senior community. Sometimes when a resident dies, the family abandons the decedent’s car on the street. It then becomes a nuisance — and an eyesore. The homeowners association feels there is some legal prohibition about towing the car, or donating it, etc. I assume they notify people’s families. It seems ridiculous that they can’t find options. Do you have any thoughts?
C.G., Santa Clarita
A: My impression is that the gated community in which you live consists of private property. California law generally allows a homeowners association (with responsibility over the common area/private property) to have vehicles towed under certain procedures, if statutory requirements are met. The criteria includes proper signage, and written authorization to the tow company. The statute on point is California Vehicle Code Section 22658.
You indicate the vehicle belonged to someone who resided there, but who has died. It is likely the HOA has certain basic rules to follow with regard to vehicles. I would assume notice in writing is provided to the decedent’s relative(s), allotting some amount of time for the vehicle to be dealt with, before action is otherwise taken. In time, if it just sits there, the vehicle could be deemed a nuisance. It is baffling if the HOA just lets it sit there indefinitely.
Q: For two days now, I have taken an on-ramp onto a freeway and seen a car off to the side. Not on the road itself, but up on the dirt part of the shoulder. It is out of the way of traffic but looks nonfunctional and basically abandoned. Isn’t the government going to deal with this?
H.A., Costa Mesa
A: The applicable towing rules depend on where the vehicle is located. Given your description, the California Highway Patrol probably is the primary agency. The CHP has authority through the vehicle code to deal with abandoned or disabled vehicles that pose a possible danger, or that have been left for a period of time.
Vehicle Code Section 22651, and related provisions, indicates that a vehicle unattended on a freeway, or a freeway shoulder, for more than four hours may be removed if it is deemed to create a risk, or is considered to be abandoned. If the vehicle does not actually present a hazard, but appears to be abandoned, it is “tagged” with a notice, and will be towed after a period of time.
Abandoned vehicles
A car parked on a public street for more than 72 hours can be deemed abandoned per Vehicle Code Section 22651(k). Local cities or counties can impose a stricter rule, such as 24 to 48 hours.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.