SB 212 Makes Towing in CICs Easier

Let’s be honest, no one likes to have their car towed. It’s inconvenient and costly. However, it’s equally frustrating to a resident living in a common interest community (CIC) to fi nd another car parked in their assigned spot, or when a person uses a handicap space without a permit, or leaves their vehicle in a red zone hindering the necessary access emergency vehicles need. The 2019 Nevada Legislature understands and has responded by passing Senate Bill 212 making it easier for residential communities to have cars removed for parking illegally inside a CIC.

Most of us are aware that part of living in a CIC is the requirement that homeowners and guests abide by rules and restrictions intended to protect the “community” and preserve its aesthetics. Doing so helps owners maintain the property value in their communities. These rules, commonly
referred to as CC&Rs (covenants, conditions, and restrictions), restrict the usage and enjoyment of real property. A staple of all CC&Rs is parking guidelines – where you can park, where you can’t, and when your car will be towed.

Under Nevada law, there are two types of legal tows: consent and non-consent. Anytime a car is towed from a residential community without the owner’s permission it’s deemed to be a non-consent tow. To protect car owners, the law requires a CIC’s homeowners association (HOA) to give notice of the possible tow. The notice may be in the form of a vehicle sticker affi xed to the car advising the owner that it may be towed if, after 48 hours, the violation is not cured. However, more serious parking violations, which will be discussed in further detail below, could
subject a vehicle to being towed “immediately.”

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