Establishing Enforcement Procedures

COMPLIANCE in parking means different things to different Associations. Therefore, PPE can use its extensive experience to help HOAs determine their level of enforcement, and develop a set of rules, enforcement procedures, and communication techniques to provide a level of service not available from other companies.

Some of the types of services include:

Issuing Warnings:

  • Issuing warnings should always be part of the enforcement system
  • Warnings are required by law (NRS 116.3102)
  • Warnings must be issued by an authorized agent
  • Warnings will be challenged, should be backed up with pictures
  • Warning should easily communicate the reason for the violation
  • Warnings should contain enough information to easily identify the violating vehicle to subsequent inspections, including”
  • Should always include
    • License plate number and state
    • Location of vehicle (with address as possible)
    • Color, Make, and identifying marks of vehicle
    • Describe the next step in the enforcement process


Vehicle Wheel Booting

  • A wheel boot is a “vice like” clamp that completely immobilizes the vehicle, forcing the owner to recognize and deal with the situation.
  • Wheel boots have been designed to not hurt the vehicle in any way, unless the vehicle owner tampers with it. Towing has the potential to damage a vehicle, both during the truck attachment and the moving of the vehicle on the roadway.
  • When the wheel boot is attached, the vehicle is left on property. Because of this, the vehicle is:
    • Not believed stolen, as it is just where the vehicle owner left it.
    • Not tampered with or opened, so there is no possibility of the contents or components of the vehicle being compromised or reported as stolen. This happens regularly with towing.
    • Because of the HIGHLY VISIBLE nature of the wheel boot, everyone in the neighborhood knows. This is highly embarrassing to the vehicle owner, and serves as a warning to anyone else who might think of violating.
  • PPE charges a fee for removal of the boot, which gives financial incentive to the violator to not violate again.
  • Wheel booting is a HIGHLY EFFECTIVE way to handle parking violations, because:
    • It can be applied quickly and immediately in a quiet manner, reducing the possibility of the owner coming out and moving the vehicle. This happens many times with towing.
    • Wheel booting does not hurt the vehicle, unlike the risks of towing.
    • Sends a warning to other potential violators, reducing their likelihood of violating themselves.
    • Can be quickly reversed if management/ board determine they want to forgive the violation.


Vehicle Towing

The Association or person in "lawful possession of real property" may tow a vehicle parked in an unauthorized manner. However there are some rules:

  • NTA Regulation
    • File No. R075-08
    • Effective September 8, 2008
    • Section 3 now requires that all tow requests be
      • In writing by the owner or the authorized agent
      • Within 24 hours of the tow
      • SPECIFIC information as to the location, make, model, license plate, and/or VIN, and REASON
    • Section 4 now requires a written agreement between the tow company and the property owner. The agreement MUST state that the towing company can ONLY tow vehicles for Fire Zones, Handicap spaces, and interference with the entry/exit gates.
    • Section 4 also requires a photograph be taken clearly detailing the violation.
  • Rules for towing: (NRS 487.038)
    • Signage
      • Sign must be displayed in plain view on the property declaring public parking to be prohibited or restricted in a particular manner.
      • Sign must show the telephone number of the police department or the sheriff's office.
      • In residential complexes, reserved parking spaces and areas where parking is prohibited must be clearly marked.
      • If a sign is removed, destroyed, or damaged, it must be replaced or repaired within a reasonable time.
    • Sign Requirements
      • Must be printed in contrasting background and lettering.
      • Must use readable lettering.
      • Must be placed on the parking lot in such a manner that it is in the field of view of all drivers entering the lot.
      • Must be of sufficient quantity to notify all users of the lot of the parking restrictions.
      • Must include the name and number of the law enforcement agency which is to be notified of the tow.
    • Adequate Substitutes for Signage
      • Written contract (i.e., CC&Rs, Rules and Regulations) with the owner of the vehicle which describes circumstance under which vehicle may be towed.
        • Note that guests and the general public are not covered under this exception.
      • Commonly recognized no parking areas.
        • Fire lanes, red zones, travel line of roadway, driveway, lawns, playgrounds.
  • Notice before Towing
    • Oral or Written notice placed directly on vehicle for 48 hours
    • Documentation
  • NRS 116.3102 Powers of unit-owners' association.
    • Except as otherwise provided in subsection 2, and subject to the provisions of the declaration, the association may do any or all of the following:
      • Direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:
        • Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or
        • Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units' owners or residents of the common-interest community.
    • Must be issued by authorized agent of the property owner (HOA)
      • Towing company CANNOT be authorized agent of HOA
  • NRS 706.4477 Conditions for person other than owner of motor vehicle to request towing.
    • If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer:
      • The person requesting the towing must be the owner of the real property from which the vehicle is towed or is authorized agent and must sign a specific request for the towing. For the purposes of this section, the operator is not an authorized agent of the owner of the real property.
      • The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.
      • Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.
      • The operator may be directed to terminate the towing by a law enforcement officer.
  • Notice after Towing
    • Oral notice must be given to police department or sheriff's office, indicating:
      • The time the vehicle was removed.
      • The location from which the vehicle was removed.
      • The location to which the vehicle was taken.
      • This step completed by Tow Company. NRS 487.038
  • Handicapped Parking
    • Unmarked vehicles parked in a handicapped space may be towed immediately.
    • The signage requirements do not need to be followed.
    • Vehicles with Handicap Placards/Plates are not exempt from HOA rules.
  • Homeowner
    • Owner or person in lawful possession of single family home may tow by following the "Notice of Towing" procedures.
    • Also, does not need to follow "signage" requirements.
  • Remedies for Unlawful Towing
    • If the owner believes his or her vehicle was unlawfully towed from private property, he or she may file a lawsuit in Justice Court for costs totalling less than $10,000.
    • Hearing will be held within 7 days. NRS 487.039
    • Court's Determination
      • Lawfully Towed:
        • Owner of vehicle must pay cost of towing and storage.
        • Vehicle will be released upon payment.
      • Unlawfully Towed:
        • Person who authorized the towing must pay the towing and storage.
        • Vehicle must be released immediately. NRS 487.039


Alternative Punishments

  • Assess Fines
    • Amounts Specific to the Violation
    • Problems
      • Slow response between violation and fine
      • No "advertisement" to community
    • Fines are only allowed if
      • Homeowners given notice of violation that informs them of their opportunity to request a hearing on the alleged violation.
      • At least 30 days before the alleged violation, homeowner must be given written notice of the rule or any amendment to the rule.
    • Foreclosure for Non-Payment of Fines
      • The Association may not foreclose a lien by sale for the assessment of a fine for a violation of the declaration, Bylaws, rules or regulations of the Association, unless the violation is of a type that threatens the health, safety or welfare of the residents o the community.
    • Limitation of Fines
      • Fines must not exceed $100.00 for each violation or a total amount of $1000.00, whichever is less.
    • Continuing Violations
      • If the violation is not cured within 14 days, it is deemed "continuing," and the Association may assess a new fine every 7 days, without notice or opportunity to be heard.

  • If the governing documents provide, the Association may prohibit, for a reasonable time, the unit's owner, the tenant and/or guest of a unit's owner from:
    • Voting on matters related to the common-interest community.
    • Using the common elements
      • Except streets and parking.
      • Ingress and Egress must be permitted.