The following statute became effective on October 1, 2012, and affects condominiums, homeowners associations, and cooperatives (“communities”) with active parking and towing policies throughout the entire State. Community boards of directors and managers should take note of this law and determine whether any further action on their part is required in order for their community clients to comply.
Motor Vehicle – Towing Practices and Procedures
The Maryland General Assembly has amended the requirements of Section 21-10A-02, et seq. of the Maryland Transportation Article regarding towing signs. These amendments provide for the statewide application of the towing sign requirements. Prior to the amendments, Section 21-10A-02 only applied to Baltimore City and Baltimore County. The amendments require that towing signs: (1.) STATE THE NAME OF THE TOWING COMPANY; and (2.) STATE THAT STATE LAW REQUIRES THAT THE VEHICLE BE AVAILABLE FOR RECLAMATION 24 HOURS PER DAY, 7 DAYS PER WEEK. Furthermore, the amendment allows that cars may not be towed to a location more than 15 miles from the parking lot or outside of the State—the original statute had a 10 mile limit.
In addition to these requirements, the statute requires that towing signs: (1.) Be at least 24 inches high and 30 inches wide; (2.) Be clearly visible to the driver of a motor vehicle entering or being parked in the parking lot; (3.) State the location to which the vehicle will be towed or removed; (4.) State the maximum amount that the owner of the vehicle may be charged for the towing or removal of the vehicle; and (5.) Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vehicle by its owner or the owner’s agent. Furthermore, signs must be installed so that there is at least 1 sign for every 7,500 square feet of parking area in the parking lot.
This law affects communities throughout the entire State, specifically ones that permit the members to contact the towing company directly to initiate towing from assigned parking spaces. The new law requires that the towing agent, prior to towing the vehicle, obtain: (1.) The authorization of the
parking lot owner; (2.) The name of the person authorizing the towing; (3.) A statement that the vehicle is being towed at the request of the parking lot owner; and (4.) Photographic evidence of the violation or event that precipitated the towing of the vehicle.
Some towing companies have refused to tow vehicles from assigned parking spaces when initiated by an individual Homeowner or Unit Owner, because the towing company required the authorization from the communities’ board of directors, through its management agent, prior to towing. A community can still permit its members to initiate towing, but a list of the members authorized to tow must be provided to the towing agent in advance.
Additional local or state regulations regarding parking and towing may apply.