South Carolina towing laws: A guide for your HOA

Can an HOA tow a resident’s car?

Potentially, yes, if the vehicle is parked in violation of the association’s valid parking rules. The towing still has to comply with South Carolina’s towing and notice laws, and the HOA should also follow its governing documents (S.C. Code Ann. § 16-11-760; § 56-5-2525).
 

Can an HOA tow without warning first?

South Carolina property management law does not create a blanket statewide warning requirement before every private property tow, but the HOA’s own rules, signage, and vendor agreement still matter. As a practical matter, boards often reduce disputes by defining when courtesy warnings will and will not be used (S.C. Code Ann. § 16-11-760; § 56-5-2525).
 

When can a vehicle be towed from private property?

South Carolina makes it unlawful to park a vehicle on another person’s private property without the owner’s consent. A vehicle found parked on private property may then be towed and stored at the expense of the registered owner or lienholder, subject to the storage charge limits in the lien statute and the law enforcement notice requirement for nonconsensual tows (S.C. Code Ann. § 16-11-760(A)-(B); § 56-5-2525).
 

Can an HOA tow from guest parking?

Often yes, if guest parking is association-controlled private property and the vehicle is there without permission or in violation of posted community rules. Boards should confirm that guest parking limits are written clearly so the basis for towing is easy to document (S.C. Code Ann. § 16-11-760).
 

Can an HOA tow cars blocking fire lanes or access areas?

Usually yes, and these are often the easiest towing situations to justify operationally because they affect safety and access. Even then, the board should use a written towing policy and a compliant towing vendor so the tow is documented properly (S.C. Code Ann. § 56-5-2525).
 

South Carolina’s one hour police notice rule

If a towing company tows and stores a vehicle without the person’s knowledge, it must immediately notify the local police department or county sheriff of where the vehicle was towed from, the towing company’s name, and where the vehicle is stored. If the towing company fails to give that notice within one hour, it is not entitled to compensation for towing and storage (S.C. Code Ann. § 56-5-2525(B)-(C)).
 

When police notice is not required

The one hour notice rule does not apply when the towing is performed at the direction of a law enforcement officer. In those cases, different procedures and notice rules can apply (S.C. Code Ann. § 56-5-2525(C); § 56-5-5635).
 

Who has to pay for a private property tow?

For a vehicle found parked on private property, the towing and storage expenses may be charged to the registered owner or lienholder, and those amounts can become a lien against the vehicle if the required notices are given (S.C. Code Ann. § 16-11-760(B); § 29-15-10; § 56-5-2525).
 

What the owner notice must include

The mailed notice must include a description of the vehicle, the location where it is being held, and the amount of daily storage costs that will accrue after the notice is sent. For abandoned vehicle notice, it also must explain the right to reclaim the vehicle within thirty days and warn that failure to do so can lead to auction (S.C. Code Ann. § 29-15-10(B); § 56-5-5630(A)(2)).
 

How long does an owner have to reclaim the vehicle?

Under the abandoned vehicle notice statute, the owner and lienholders must be told they have thirty days, starting the day after the notice is mailed, to reclaim the vehicle by paying the listed lawful charges (S.C. Code Ann. § 56-5-5630(A)(2)(c)).
 

Tips for board members

Board members should consult qualified legal counsel before creating towing rules for their community, but there are a few general tips to consider:

• Make your parking rules easy to enforce: Your HOA’s declaration, rules, map, and signage should clearly identify reserved spaces, fire lanes, visitor parking, and prohibited parking areas before towing starts.
   
• Use a written towing policy: Spell out who can authorize a tow, what violations qualify, what documentation is required, and when warning stickers or courtesy notices will be used to avoid unenforceable HOA rules.
   
• Check whether your community is commercial or residential in character: South Carolina’s statute expressly requires entrance area signage for commercial property, and mixed-use communities should get legal advice on signage and towing setup.
   
• Require records for each tow: Keep photos, time stamps, violation notes, who authorized the tow, and the towing report number when one is issued.
   
• Coordinate owner communication: Even when a tow is legally allowed, fast communication usually reduces conflict, late-night calls, and disputes with residents and guests.
   
• Have qualified legal counsel review the policy: South Carolina towing law, lien law, and your governing documents all matter, especially if the community uses aggressive towing enforcement.

Does an HOA need its own towing policy?

A written towing policy is one of the best ways for an HOA to apply parking rules consistently and reduce selective enforcement disputes. An HOA management company can help the board turn that policy into a practical process.

For example, management can help draft or organize the policy for board and legal review, coordinate with the association’s towing vendor, confirm signage and parking rules are communicated clearly, maintain towing records and incident logs, and serve as a point of contact when residents have questions or disputes.
 

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves South Carolina HOAs with local expertise backed by national resources. Our teams support board members with meetings, recordkeeping, financial management, resident communication, and 24/7 customer care. This way, board members can focus on long-term goals instead of day-to-day administration.

Contact a member of our team today to learn more about how we can serve your community.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.