In a nutshell, Texas leaves the fate of inoperable vehicles parked on
personal property up to local cities and towns to decide. But most cities have ordinances in place to snatch up “junked” vehicles, and even state lawmakers have scenarios where a vehicle can be deemed abandoned and towed off.
Can a broken-down car be towed from a driveway in Texas?
Most major cities across Texas have relatively strict ordinances when it comes to broken-down vehicles lingering in driveways or on neighborhood streets. In most cases, an inoperable vehicle with expired registration can’t be visible from neighboring properties – out of sight, out of mind, in the clear.
In San Antonio, local ordinances define a vehicle as “junked” if it’s broken down and parked in a yard, on the street or in any area where it can be seen from “ordinary public view.” A vehicle is deemed junked if it remains inoperable for 10 days, and this means the
owner can be fined up to $200. Plus, the city can remove the broken-down vehicle and deliver it to a scrapyard or demolisher, and the proceeds pay the city back for the cost of towing.
It’s a similar story across several major Texas metros. In Dallas, there’s no timeframe on when a vehicle can be deemed “junked,” but it simply must be deemed inoperable and have expired tags. In Fort Worth, the vehicle must have been out of working condition for more than 20 consecutive days.
When is a vehicle considered abandoned in Texas?
Texas lawmakers haven’t issued statewide rules on keeping inoperable vehicles at your own home. However, a vehicle can be towed off to a junkyard or auction if it’s deemed “abandoned,” meaning
it’s been left unattended for more than 48 hours on public property or private property without the landowner’s permission.
To be classified as abandoned, Texas Transportation Code says the vehicle must be inoperable and be more than five years old. Leaving a vehicle like this on the side of a highway for 48 hours can also lead to a trip to the scrapyard or a public auction.
Can an HOA tow my car without warning in Texas?
Usually no, HOAs can’t tow from public streets. But they may have power on private roads or through fines, and they can always call for city enforcement of junked or abandoned vehicles.
When it comes to homeowners’ associations in Texas, there’s a bit of a legal gray area – as there tends to be with HOAs. If the streets are maintained by the city, and thus public, HOAs
have no legal grounds to tow a vehicle if they are within the bounds of local ordinances.
So, if a city doesn’t have any rule about abandoned or junked vehicles on public streets or within view, an HOA is essentially powerless. However, they can still fine the property owner if it violates HOA bylaws, according to Proper HOA Management.
“In many Texas communities, the streets
are dedicated to the city or county. If the streets are public, the HOA’s authority is significantly limited,” Proper HOA Management states. “However, there is a nuance here. While the HOA cannot control the street, they can often control the owner through the Covenants, Conditions, and Restrictions (CC&Rs).”
Private neighborhood streets, maintained by the HOA, grant
larger legal power to the organization, though. If this is the case, towing is deemed the “nuclear option,” but can be used as an enforcement tactic if written CC&Rs or bylaws are violated.
