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Vehicle parking

I purchased a home in the particular country club in 1987. I have a van, which is specially designed for my landscape photography. It was quite expensive. I parked it in an area adjacent to my house that was designated for parking. Six years later, in 1993, the HOA attempted to make me move it. I was forced to hire an attorney. Fortunately, the case was simple, and I defeated their efforts. The van has now been “grandfathered” in. Nevertheless, at approximate six-year intervals, corresponding to changes in the HOA personnel, they attempt to make me move it. Each time I had to prove to them that the van was “legal”. I am now 85 and wish to live unmolested, particularly during the pandemic, but that are at it again. Can I issue a “Cease and Desist” order? At what point is it harassment? Will the insurance covering HOA officers continue to indemnify them? After 27 years does the burden of proof lie with them, instead of me having defend myself each time?

1 Response

  1. dennisl

    Dick,
    I just realized that I never responded to your question from August. You are absolutely correct this is nothing short of harassment and you could walk into any municipal court and file a complaint against harassment by the association. Hopefully you have the documented proof from the prior cases and attacks by the board.

    Unfortunately HOA’s are totally dictatorial entities with no oversight so they get to decide what laws they want to comply with and which laws they simply want to ignore because they can for the most part get away with violating the law.

    The insurance does not indemnify them the CC&R’s and bylaws provide the indemnification. Corporate law also provides indemnification to some extent as well. Property servitudes law provides a definition of what are the duties and responsibilities of any HOA board . Those duties are case law for Arizona and I have been trying for several years to make them statutory law as well. That definition is very simple and required that the board treat all members fairly and that they act reasonable in their Discretionary enforcement of rules and design controls. They can be individually liable for any breach of those duties but the burden of proof is on the individual contesting their actions.

    Until such time that the community members elect a board of directors willing to comply with the law you will unfortunately have to fight this issue until you move out of your home.

    While I work to make the laws of this state consistent with the National common law over these communities. HOA property managers and attorneys have no interest in advising the HOA board based on common law because it does not work in their financial interest and they don’t have too because it would take someone suing the association to actually enforce that law and they know that most people don’t have the money to do that and they can get away with it.

    I know that this does not help but unfortunately you will continue to have to prove to each new board that you have the authority to park your van in your community.

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