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Parking CC&R

I have an update to my previous question. I just received an email back from the city of Surprise telling me that the Surprise Farms streets are “public and maintained by the city”. Our HOA has has amended the parking rules at least twice now since 2014. From what I understand, by doing that, parking rules can no longer be enforced by the HOA. Correct? Any advice on how can I pursue this further?

1 Response

  1. dennisl

    Rob,
    Unfortunately your assumption is incorrect the right to regulate the streets is not based on changes to the rule for street parking but rather any change to the CC&R’s. If a new set of CC&R’s or any change to existing CC&R’s for any reason is recorded after December 31 2014 than the association loses the rights granted in the CC&R’s to regulate the public streets or to regulate parking. The HOA Industry will and has on several occasions argued that the intent of the existing law was to only apply to new associations, but that argument is totally self-serving and based on no actual fact. What the law says is any recorded CC&R after that date abolishes the power of the association to regulate public streets. Any CC&R whether it is an original set or a simple editorial change must be recorded to be effective. If the law intended to apply only to new CC&R’s it would have said “Initial recording” So once again the HOA industry is wrong including the self-serving attorneys. They want homeowners to challenge their interpretation in court even if they are proved wrong because guess what they make a lot of money from that legal action even if they are proven wrong. They is only one party that ever wins in any HOA dispute or legal actions The HOA attorneys.

    Dennis

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