HOA Towing Rights in Texas — What Community Associations Can and Can't Do

Texas law gives you the right to retrieve your vehicle at any time of day or night, including holidays. A towing company cannot refuse to release your vehicle outside of business hours — they must have a 24-hour retrieval option. Storage facilities are required to accept debit and credit cards since 2021. And they cannot charge you for storage time that accrued before you were notified the vehicle had been towed.

When you arrive to retrieve your vehicle, you're entitled to an itemized written invoice before you pay. If you believe any charge is incorrect or excessive, you can pay under protest — note 'paid under protest' on the receipt — and file a complaint with TDLR afterward without losing your right to the vehicle. You cannot be held to a verbal quote that later increases without your consent.

TDLR publishes maximum rates for non-consent towing in Texas that are updated periodically. As of the most recent update, the base hook fee for a light-duty non-consent tow in most Texas cities is capped, with per-mile rates, storage fees, and equipment charges each having their own limits. A towing company charging above these maximums on a non-consent tow is violating Texas law.

These rate caps do not apply to consent tows — tows you call and request. For consent towing, pricing is negotiated between the company and the customer. This is why it's important to ask for a quote before the tow begins on any consensual call. Reputable companies like NW Towing provide upfront pricing before dispatching, with no surprises on the final invoice.

If you believe a towing company has violated Texas law — by overcharging, failing to provide an invoice, refusing to release your vehicle, or towing without proper authorization — you can file a complaint with TDLR online at tdlr.texas.gov. TDLR investigators have authority to fine companies, suspend licenses, and require reimbursement to consumers in substantiated cases.

For disputes over amounts less than $10,000, Texas small claims court (Justice of the Peace Court) is an accessible and relatively fast venue. Document everything: photographs of any signage at the tow location, your invoice, any communications with the company, and bank records showing payment. Texas courts have consistently ruled in favor of consumers in cases where towing companies violated documented procedural requirements.