Last reviewed October 10, 2026 by Jackson McMillan, Florida attorney
Short answer: A Wesley Chapel HOA or apartment community can have cars towed from property it controls, but only with written authorization, Florida's tow-away signs, an extra Pasco sign about maximum rates, and fees within the county's schedule. Before charging you anything, the tow company must give you copies of Pasco's towing ordinance and current rate resolution. Skipping those steps can make the tow improper.
My office is in Tampa, and I represent people throughout Tampa Bay and the rest of Florida. Wesley Chapel is unincorporated, and Pasco's towing ordinance sets its maximum rates uniformly for the county's unincorporated areas.
Can my HOA tow my car from the street in my neighborhood?
It depends on who owns the street. Florida's private-property towing law lets an owner, a lessee, or someone they authorize tow cars parked without permission from their property. It doesn't apply to property owned by a government. So whether your neighborhood's streets belong to the association or to the county changes the whole analysis.
Some newer communities have private streets owned and maintained by the association, while others have public roads owned by the county. Your plat, the community's declaration, or the county property records show which you have. If the street is private association property, the association can authorize tows from it, subject to the sign and procedure rules below. If it is a public road, Florida's private-lot towing statute (Fla. Stat. § 715.07(3)) is not the authority for removing your car, and you should ask exactly what authority the association relied on.
Your own driveway is a separate case. The tow-away sign rule doesn't apply to property that is "appurtenant to and obviously a part of a single-family residence." But the statute gives towing authority to a property's owner or lessee or someone they authorize, and you own your driveway. An association that wants to tow from it needs to show where its authority comes from, usually its governing documents.
What signs does Pasco County require before a tow?
Two kinds. Florida's tow-away sign must stand at every vehicle entrance with "tow-away zone" in 4-inch letters and the tow company's name and number. Pasco adds a sign reading "Maximum Rates set by County Ord." with every authorized tow company listed, placed on the passenger side of the entrance within 5 feet of it.
Pasco's extra sign must be reflective, in letters at least 1 inch high, mounted 3 to 6 feet off the ground as a permanent fixture, and installed before the car to be towed entered the property (Pasco County Code § 106-31.5). A community still under construction may have temporary entrances that change from month to month. Photograph each entrance you could have used, and note any that had no signs at all.
The state signs must have been up at least 24 hours before any tow, and lots with no curbs need one for every 25 feet of frontage (Fla. Stat. § 715.07(2)(a)5.).
The parking rules just changed. Can they tow me under a new rule?
Possibly, but timing matters. Florida requires tow-away signs to be in place at least 24 hours before any tow, and Pasco requires written permission from the property owner or lessee before any nonconsensual tow. Whether a new rule binds you is a question for your lease or the community's governing documents, not the towing statute.
Communities that are still filling up may adjust their rules: overflow lots close, guest permits change, street parking gets banned. If you were towed soon after a change, collect the notice of the change, the date you received it, and what it said about enforcement. A tow under a rule that was never properly adopted, or before the signs went up, deserves a hard look.
Pasco's ordinance names who can give the written permission: the property's owner or lessee, someone they authorize, or, for a condominium, the association's designated representative (Pasco County Code § 106-31.5). Ask for the written authorization behind your tow.
How much can a tow company charge in Pasco County?
Pasco's schedule effective October 1, 2026 caps the base rate for the lightest class of tow at $173, storage at $38 per 24 hours, and mileage at $5 a mile. Lien processing is capped at $75 and an after-hours release at $70. A tow company may not charge any type of fee the county hasn't capped.
Before imposing any charge, the tow company must hand you a legible copy of Pasco's towing ordinance section and the county's most recent rate resolution, and it must post both at the storage site where you can read them before paying (Pasco County Code § 106-31.5). If no one handed you those papers, write that down; it is a violation in itself.
The county adjusts base rates every October 1 for inflation, so compare your bill with the schedule in effect on the date of your tow. A credit card processing charge is capped at 3 percent of the invoice. State law also allows a lien release administrative fee of up to $250, and no storage may be charged for a car held less than six hours.
How far from Wesley Chapel can they take my car?
Florida limits the storage site to 10 miles from where your car was towed in any county with 500,000 or more people, and Pasco had 561,891 residents in the 2020 census. A longer haul is allowed only if no towing business with storage is within that range, and then the limit is 20 miles.
The tow company must also report the tow to the Pasco Sheriff's Office within 30 minutes, including the storage site, and must release your car within one hour after you ask (Fla. Stat. § 715.07(2)(a)1., 2., 9.). If the storage lot is far away and mileage on your bill is high, compare the miles charged with the actual distance. Pasco caps mileage at $5 a mile for the lightest class.
Send me the tow receipt, the parking rules and any notice of changes, and photos of the entrances. I'll compare the tow with Florida law and Pasco's ordinance and tell you where you stand.
My car was booted instead of towed. What are the rules in Pasco?
Pasco allows booting only on property with posted notice, never with a person or animal inside, and with a steel boot on the front driver's side wheel when possible. The booting company must put a warning sticker on the driver's window and remove the boot within 30 minutes after you ask and pay.
The fee is capped too. Pasco's current schedule allows $50 for a wheel immobilizer plus $10 for each calendar day after (Pasco County Maximum Towing Rates, effective October 1, 2026). The warning sticker must give the booting company's name, business address, and a phone number that reaches the people who remove the boot. Florida's towing lien statute gives no lien for boot charges.
What can I recover if the tow broke Pasco's rules?
Pasco's ordinance makes a person who improperly causes a tow in violation of it liable to the car's owner for removal, transportation, and storage costs, any damage, attorney's fees, and court costs. Florida's towing statute says the same. Each unauthorized charge or overcharge is also a separate offense that can bring a fine of up to $500.
That remedy can reach an association or a property manager as well as a tow company, depending on who caused the improper tow (Fla. Stat. § 715.07(4)). Be realistic: a single tow is often a few hundred dollars, and fee provisions are what make it worth pursuing. If you instead challenge the tow company's lien in court and lose, the court can award the company its fees. When a community tows many residents the same improper way, a group or class claim may be possible.
What should I save after an HOA or apartment tow?
Save the documents that show the rule, the notice, and the tow: the community's parking rules and any change notice, your permit, photos of each entrance and its signs, the papers the tow company handed you or didn't, and every receipt. Ask in writing for the authorization behind the tow.
- Parking rules and change notices, with the dates you received them.
- Photos of both required signs at every entrance, or of their absence.
- Proof of who owns the street, if the tow was from a neighborhood road.
- The ordinance and rate resolution copies the company gave you, or a note that it gave you none.
- The receipt and itemized invoice, including any administrative fee and the forms behind it.
Sources: Fla. Stat. §§ 715.07(2)(a)1., 2., 5., 9., (3), (4), 713.78(2)(b), (3), (15)(a); Pasco County Code § 106-31.5; Pasco County, Maximum Towing Rates, effective October 1, 2026 to September 30, 2027 (Resolution No. 25-290); U.S. Census Bureau, QuickFacts, Pasco County and Wesley Chapel CDP, Florida (2020 census). Last reviewed October 10, 2026.