Street parking
Our HOA recently was granted the right to continue enforcement of street parking in a vote required by AZ law. In a subsequent notice to “clarify” parking rules, they seem to have changed a specific definition contained within the CC&R’S. Do the property owners have any recourse? Is there a convenient resource available to help me navigate my rights regarding street parking in my HOA?
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Tim,
The association has no authority to change anything in the CC&Rs through the implementation of rules. There is a process specified in the CC&Rs for amending those documents. In the hierarchy of documents, no lower document can supersede a higher document. The order is state law, CC&Rs, articles of incorporation, bylaws, and rules. Send me what you believe was changed, and I’ll advise accordingly.
Dennis
What is your specific question relative to parking rules? Since your community succumbed to the pressure of the board and the community manager, you are all subject to the will of the board forever on this issue. I gave you all the ability to assert your rights with the legislation and free yourselves from unreasonable rules, but you failed to take advantage of it as a community. Whatever the board said or did prior to the vote to convince the community to vote in favor of retaining control of the streets, I predicted would end on the day after the vote, and the board is now empowered to do whatever they want to weaponize street parking against any homeowner that opposes them in any way.
The bill was written in such a way that the vote was not an amendment to the CC&Rs but rather an assertion that the declarant never had the right to restrict parking on public streets in the first place. This vote allowed the community to decide to either retain control or to remove control they should never have had in the first place.
Dennis