Parking in Hoa
Our streets are public. Our CCR’s were recorded in 2002.
The parking mentioned in the CCR rules are as confusing and restrictive as some
which I’ve seen on other posts and seemed to allowed for our board (the president) to target and harrass
the residents in our neighborhood. I too received a letter from the board which said you
are hereby fined because of associating with a person who parked on our street.
In 2021 our board wanted to restrict short term renting and recorded an amendment in that year.
Does this invalidate and make illegal the parking rules and boards actions stated in the original CCR’s and
now permit us to park on the public streets?
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Richard,
The way that the Arizona law was written in 2014 clearly established that association have no right to regulate streets that are municipality owned. It allowed a grandfather clause for associations that contained restrictions in their CC&R’s but that exception was eliminated if the association modified and recorded an amendment for any reason. You association lost their ability to impose parking restriction in 2021 when they amended their CC&R’s. The municipality is free to post parking restriction on their streets along with speed limits and any other restrictions that have withing their codes. They can also enforce those restriction using police.
I’ve already gotten a sponsor and will be introducing legislation to eliminate the grandfather clause and prevent all association from imposing parking restrictions on public streets.
Dennis
Thanks Dennis, I thought that was the answer. How can a person deal with
some of these people who think HOA rules supercede civil law?.
Richard,
Often the problem is not in the board but rather in the community managers or worse yet the association attorneys. Most community managers have absolutely no understanding of the law of the fundamental principles of common law relative to those communities. The attorneys do not have this excuse, they instead use their ability to interpret the law to twist and distort the law in any way they want because the only way to challenge their guidance is for a homeowner to risk their own money to challenge the position of the board in court. The only people that win in any litigation are the attorneys because right or wrong, win or lose they always get paid and what they get paid is very lucratively. The more they advise the association board to take stands they they know will never hold up in court the more likely the association will be sued and the more money they will make. Remember even if a homeowner wins a case against the association the association simply passed the cost of that litigation back to the homeowners. This then turns the entire community against the homeowner that stood up for their rights and the law. The true victim of abuse then becomes the villain in the eyes of the community. Board are never held accountable for their actions and neither are community managers or attorneys.
This is why I try to do what I do to change the laws of this state to better protect the homeowners from the community manager and attorneys.
Dennis