No Parking: New Towing Rules In Ohio And Your Association

Recently the Ohio General Assembly passed into law a set of new regulations that seek to clamp down on the practice of abusive towing. The majority of the new regulations affect towing companies and their operations. However, there are sections of the new law that could apply to associations that maintain private tow-away zones.

One provision of the new law that could pose an issue for associations is the new signage requirement for private tow-away zones. In order to establish a private tow-away zone on association property, associations will have to comply with this new signage requirement.

The new law mandates that any private party that wants to establish a valid private tow-away zone must post a sign or signs that display specific information regarding the tow-away zone and the towing company.

In order to comply with the law the, signs must:

Be at least 18x24 inches;

1. Be visible from all entrances
2. Identify the class of persons entitled to park in the zone, which can be as simple as “tenants and guests only”;
3. If the tow-away zone is not enforceable at all times, the sign must contain the hours during which the parking restriction is enforced;
4. Display the telephone number and address of the place from which the towed vehicle can retrieved at any time, usually the towing company’s impound lot; and
5. A statement that the failure to recover a towed vehicle may result in the loss of the title to the vehicle as provided in R.C. §4505.101(B).

If your association has a contract with a towing company, it is important to contact them and discuss which party will provide new signage. Depending on your contract, the new signage may be provided by the towing company.

If your association does have a tow-away zone, but does notcontract with a towing company, then your association may retain its old signs, if any, until September 23, 2015. After September 23, 2015 the association will need to have signs in compliance with the new law in order to maintain the private tow-away zones.

The new laws do not affect associations that have municipal roads. However, parking lots in front of units, clubhouses, offices, and the like do fall under these new regulations.

Another part of the new law which may impact associations is the requirement that when a car is towed, that is be towed within 20 miles of the place it was towed from. Those associations that contract with a towing company that is especially far away may want to double check their contract and contact the towing company to make sure that all parties will be in compliance with this new provision.

If you have any questions about the new regulations or about whether or not your association needs to take any action, please contact our office.

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