Disputing an Hoa Tow Under Florida Statute 715

If your HOA had your car towed from your own community and you believe it was done without following proper legal procedures, you have the right to fight back. Florida Statute 715.07 gives specific protections to vehicle owners, including HOA members, when it comes to towing from private property. A well-written dispute letter based on this statute is often the first and most effective step to recover your money or hold the HOA and towing company accountable. Knowing how to write this letter and what rights the law actually gives you can mean the difference between eating a $300+ towing bill and getting your money back.

What does Florida Statute 715 actually say about towing from HOA property?

Florida Statute 715.07 governs the towing of vehicles from private property, including parking lots and common areas managed by homeowners associations. The statute sets strict rules that property owners and their agents including HOAs and the towing companies they hire must follow before removing a vehicle. These rules cover signage requirements, authorization procedures, notice obligations, and how towing charges are calculated.

Under this law, a vehicle can only be towed from private property if the property owner (or their authorized agent) has posted proper signs, followed the required authorization process, and ensured the towing company meets certain licensing and operational standards. If any of these conditions were not met, the tow may be unlawful and that's exactly what your dispute letter would be based on.

For a broader look at the rules that apply to HOA towing across the state, you can review our guide on Florida HOA towing rules and regulations homeowners need to know.

When should an HOA member send a towing dispute letter?

You should send a dispute letter as soon as possible after a tow you believe was improper. Common situations that call for a dispute letter include:

Your vehicle was towed from your assigned parking spot or driveway without prior warning
The HOA or towing company did not post proper signage as required by 715.07
You were not given reasonable notice or the required time period before the tow
The towing company charged fees that exceed what the statute allows
Your vehicle was towed without proper written authorization from the HOA board or property manager
The tow happened without meeting the statute's requirement for a valid reason, such as blocking a fire lane or violating posted parking rules

A dispute letter is not just a complaint it's a formal legal notice. It puts the HOA and towing company on record that you are challenging the tow and asserting your rights under Florida law.

What should a Florida Statute 715 towing dispute letter include?

An effective dispute letter doesn't need to be long or complicated, but it does need to hit specific points. Here's what to include:

Your vehicle and tow details

Start by identifying your vehicle (make, model, year, color, license plate number), the date and time of the tow, the location where it was parked, and the name of the towing company. Include the tow receipt number and the amount you were charged if you already retrieved your vehicle.

The specific statute you're citing

Reference Florida Statute 715.07 directly. State that you believe the tow did not comply with the requirements of this statute. Be specific about which provision was violated was it a signage issue? A missing authorization? An improper charge?

Your demand

Clearly state what you want. This could be:

A full refund of towing and storage fees
Reimbursement for any related expenses (rideshare costs, lost wages, damage to your vehicle)
A written acknowledgment from the HOA that the tow was improper
Correction of the violation going forward (for example, proper signage being installed)

A deadline and consequence statement

Give a reasonable deadline typically 14 to 30 days for a response. State that if the matter is not resolved, you intend to pursue further remedies, which may include filing a complaint, seeking damages in small claims court, or consulting with an attorney.

Supporting documentation

Attach copies (not originals) of any evidence you have: photos of the parking area showing missing or inadequate signage, your parking permit or assigned spot documentation, the tow receipt, any communication with the HOA about the tow, and relevant sections of your HOA's governing documents.

If you're unsure how to structure this letter, we have a step-by-step guide on how to dispute an HOA tow in Florida with a written letter.

What are the most common mistakes HOA members make with dispute letters?

Many homeowners lose leverage in towing disputes not because they lack a valid claim, but because they make avoidable errors in how they handle it. Watch out for these:

Waiting too long. While there isn't a specific statute of limitations for sending a dispute letter, acting quickly shows you're serious and preserves evidence. Photos of signage (or lack of it) taken weeks later may not carry the same weight.
Being vague. A letter that simply says "the tow was unfair" won't get results. You need to cite the statute and explain which specific requirement was violated.
Sending it to the wrong party. Your dispute may need to go to the HOA board, the property management company, the towing company, or all three. Sending it only to the towing company when the HOA authorized the tow could delay your case.
Not keeping proof of delivery. Send the letter by certified mail with return receipt requested, or use a delivery method that gives you tracking confirmation. If the dispute escalates, you'll need proof that the other party received your letter.
Threatening things you can't or won't do. Don't threaten legal action in your letter unless you're actually prepared to follow through. Empty threats weaken your position.

Can you send a cease and desist letter instead of a dispute letter?

In some cases, especially if the HOA or towing company has engaged in a pattern of improper tows, a cease and desist letter may be more appropriate. This type of letter demands that the other party stop a specific behavior like towing vehicles without proper authorization and warns of legal consequences if they don't. You can see a sample cease and desist letter to an HOA towing company in Florida for guidance on how that document differs from a standard dispute letter.

What happens if the HOA ignores your dispute letter?

If the HOA or towing company doesn't respond within the deadline you set, you have several options:

File a complaint with the Florida Department of Agriculture and Consumer Services. This agency handles complaints against towing companies. You can file online or by mail.
File a complaint with your local code enforcement or police department. If signage or licensing requirements were violated, local authorities may take action.
Take the matter to small claims court. In Florida, you can sue for damages up to $8,000 in county court. Filing fees are relatively low, and you don't need a lawyer. Bring your dispute letter, delivery confirmation, photos, tow receipts, and any other documentation.
Attend an HOA board meeting and raise the issue publicly. Florida's HOA laws give members the right to attend and speak at board meetings. Putting the issue on the public record can pressure the board to act.

If your car was towed without proper legal basis, you may also want to understand your broader legal rights when an HOA wrongfully tows your car in Florida.

Does Florida law limit how much a towing company can charge?

Yes. Under Florida Statute 715.07, towing charges are regulated. The statute sets maximum rates for towing and storage, and the Florida Department of Agriculture and Consumer Services can provide current fee schedules. If you were charged more than the law allows, include this in your dispute letter as a specific violation. This is one of the more straightforward claims to prove because it's based on documented fees compared to published maximums.

For a full breakdown of current rules and rate caps, see the Florida Department of Agriculture and Consumer Services towing information page.

How does an HOA's governing documents affect your towing dispute?

Your HOA's declaration of covenants, conditions, and restrictions (CC&Rs), along with its bylaws and parking rules, are relevant to your dispute. If the HOA towed your vehicle for a rule violation, check whether that rule was properly adopted and whether you received proper notice of it. HOAs in Florida must follow specific procedures when adopting or enforcing rules, and a rule that wasn't properly enacted may not be enforceable which would make a tow based on that rule improper.

At the same time, even if the HOA's rule is valid, the towing still has to comply with Florida Statute 715.07. A valid parking rule doesn't override the statutory requirements for signage, authorization, and fair charges.

Practical checklist: How to prepare and send your towing dispute letter

☐ Gather all documentation: tow receipt, photos of parking area, parking permits, HOA communications, and your governing documents
☐ Review Florida Statute 715.07 and identify the specific provisions that were violated
☐ Write the letter with your vehicle details, the statute reference, the violation, your demand, and a clear deadline
☐ Have someone else review the letter for clarity and tone before sending
☐ Make copies of the letter and all attachments for your records
☐ Send the letter by certified mail with return receipt to the HOA board, the property management company, and the towing company
☐ Log the delivery date and set a calendar reminder for your response deadline
☐ If no response comes, decide whether to file a state complaint, go to small claims court, or attend a board meeting
☐ Consider consulting with a Florida attorney who handles HOA disputes if the amount is significant or the situation is complex

Tip: Keep every piece of paper and every email related to the tow. Even small details like the exact wording on a parking sign or the time stamp on a security camera photo can make or break your case. Disputes under Florida Statute 715 often come down to whether the HOA and towing company followed the technical requirements of the law, and your documentation is what proves they didn't.