AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

HOA violations

We live in a small gated condominium complex with narrow streets and hardly any driveways.
We do have sidewalks and walkways around the common area.
There are no speed limit or slow signs in the complex. Recently we are experiencing a lot of cars and trucks driving too fast.
We recently bought one of the little green guys with a red hat and flag and a slow sign, as we are watching our 3 year old grandson every day. We put the sign out when we are outside riding his tricycle etc. We immediately got a violation letter from the board. No signs allowed.
Are we covered under ARS 33-1808 E ?
We are now also being warned about another rule in here regarding children’s play toys.
The rule reads: Motor driven recreational vehicles and play equipment (including scooters, skateboards and TOYS) are PROHIBITED at all times in COMMON are, including sidewalks, parking area and roadways.
Are we covered here under ARS 33-1808 F?
Would this not be discriminating against children according to Fair Housing?
Our grandson rides his tricycle and a small 6 volts battery Quad on the sidewalks and the walkways around the green belt area. . My husband follows him on a small scooter.

Thank you in advance

1 Response

  1. DennisL

    I replied to you personally via email, but I’ll summarize here for the general population. The provisions that you quoted are in the planned community statutes and no similar provisions are directly included in the Condominium statutes, which is usually the other way around. There is no legitimate reason for these provisions to only relate to planned communities so under the general rules for statutory construction and Arizona case law the provisions apply equally to both communities. The latter issue as you suspected would also fall under the protections of the Fair Housing Act.

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