HOA public roadway parking
First, I want to thank you for all you do for us. You have been a big part of my fight. Here’s my unavoidably long question:
About a year ago, our community was released from Declarant Control and it handed over to us. The board and the association members that were active and voting decided to use Vision Community Management (bad move, in my opinion). Anyhow, we are a community of 207 homes. Our community was formed in 2006 and our declaration was filed then. Within the CC&R’s, we have a parking restriction stating vehicles “may be parked in garages or driveways only.” We filed an unrelated amendment in Dec. of 2018 (re: voting and revising the Class B membership).
We moved in 5 years ago and have NEVER gotten a parking violation notice. We own 5+ vehicles, with 5 licensed drivers, each owning at least one vehicle. When I received a parking violation notice, I was flabbergasted! The violation was very vague, no pictures or anything. I replied to this via certified mail, noting ARS 33-1818. The day after my reply was received, my violation was canceled. I received an email from Vision. This was the entire email: “Thank you for filing your appeal, we have reviewed the violation and have closed this out for you” and the sender’s signature. That’s it. I assumed that they had just over looked the amendment and had now realized the control over the city street they had is no longer. I was wrong. 6 days later, I received another notice. This one had a picture. I’m guessing that was the reason for the cancellation. We had an association potluck at our park with a meeting following 3 days after the 2nd violation. I was not an active member before this incident, but I am now. I ended up getting into a heated discussion with our board. They told me I was wrong about ARS 33-1818 and that the city had “given them the streets” so it didn’t apply to us. Our manager from Vision then told me that the statute was no longer valid due to SB2298, which had passed just 3 days prior. My understanding of it must be a little different from hers, because I don’t interpret it that way. Long story short, I am currently complying (with cars parked in my backyard) but am not giving up the fight. At the meeting they told another member that she cannot have cars parked in front of her house, even if they are guests for her son’s graduation celebration. They said, “You will need to figure out something else with the parking.” We have no guest parking area. So we are only allowed to have guests over if there is space in the driveway? Ridiculous. What do you think I should do next? I have the support of many in the association who have approached me and mentioned firing Vision and removing the 3 BOD members with a majority vote. (I have so many complaints and proof of wrong doings by both Vision & our BOD, but that will be another question.)
Thank you for your time.
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Once again Vision community managers have no idea what they are talking about. While SB2298 was signed by the governor it is not effective until 90 days after the legislative session ends. Additionally, if the streets were city property they cannot be given to the community. The declarant can and did own the land under the streets and dedicated the streets to the city when he developed the land. That is irreversible. Under the current law the association loses the ability to regulate the streets if they record a revision to the declaration. Most HOA attorneys argue that the language in the law only applies to new communities because that works in their favor but that is not what it actually says. The new bill will allow any association to hold a vote of the membership to determine if they want the association to continue regulating the streets. While a far cry from what this bill started out as and what we wanted the legislature was not willing to go that far and ban all control of streets not owned by the association. Once that bill becomes law and in effect your community will have to vote on the issue. My advice is to start working and getting sentiment of all your neighbors to support the ending of association control of city streets. Your associations and Vision’s irrational and inconsiderate application of the restriction should actually work in your favor.
The bill has a deadline and you can bet that the association will try and use that deadline to their advantage to maintain their control as long as possible. Please remember that you have the power to call for a meeting of the members to vote on the issue. But you must make sure that you have enough votes to end the control. You only get one shot at the issue if a vote is held and the majority of those voting approves retaining control over your streets the issue is permanent and under the new law can never be revisited.