HOA Parking Pitfalls

March 17, 2009 by  

Parking poses a major problem for some HOA residents.

Here’s the issue:  Streets located within HOA communities are either government-owned by a city or county or they are private streets, owned by the HOA.   SB 1113  solves a problem caused by planned communities confusing the issue by regulating parking on streets they do not own.   It clarifies that an HOA has jurisdiction only over roadways, easements and other areas under its ownership.

Many people already know why this is a problem and welcome this relief from your HOA board. Others enjoy HOA boards that recognize the legal distinctions between restricting parking on their own private, often gated, community streets where they are required to provide guest parking and post signs and not restricting parking on public streets.

How is this affecting HOA residents?   One constituent who spoke in favor of the bill at a House Government Committee hearing said her HOA actually suggested homeowners’ guests, should they visit, park at a the Circle K about 4 miles from their home rather than allow them to park on the public street in front of her home.   That isn’t even legal.   Nor is it reasonable to expect of  homeowners and their guests – whose streets are owned, regulated by municipal ordinance and maintained by the taxpayer.

Thus the need to clarify the lawSB 1113 will provide that clarification.

Comments

Comments

5 Responses to “HOA Parking Pitfalls”
  1. Carl Mapes says:

    I definitely agree with your bill.
    I currently live under an HOA that is actively trying to enforce the CCRS rule of no street parking . When I signed the CC&Rs I agreed to to abide by the rules that applied to areas that were owned and maintained by the planned community i.e. not public property. About three years after we had moved into the community the streets were turned over to the city and the Assessors record map even shows the streets are public. I just don’t know how the association can enforce\force their rules onto public property.
    How long before this bill is voted on and what can I do to help?
    Thanks,
    Carl Mapes

  2. carrie says:

    After speaking to City officials about who owns our streets in the city of Maricopa, it became apparent that a few HOAs in the area are trying to unlawfully regulate and fine homeowners for parking on city streets they don’t legally own, and are not lawfully granted authority to do so…. Govt. law always trumps CC&Rs. When in conflict. Our laws state only city police may impose parking violations on city streets, so some HOA CC&Rs in Maricopa are unlawful and are by legal definition Illegal agreements regardless. A community or private agreement/contract or agreed set of rules is unlawful if it violates any City,State,or federal law regardless of who agrees or how many agree.

  3. Martin Chell says:

    My HOA rules state no ATV’s may be driven on any roads or property of the Association. The property is not gated and can be accessed by the public. My tenants friend drove to his house on an Atv and now the Association wants to fine me $250.

  4. Nehemiah Coward says:

    I am a retired police officer that live in an association. I have lived here for 11 years and patrolled this city for nearly 19 years. My wife parked in front o9f our residence and received a notice (improperly parked. AS A REITRED POLICE OFFICER I CANNOT FIND ANT VIOLATION IN MY LAW BOOK PROHIBITING ANY PARKING on the edge of the roadway. The law states that as long as there is 12 feet between vehicles parked on either side of the roadway, the parking is legal. The Association is placing stickers that only state improperly parked. Is there a solution.

    • nancy_barto says:

      Hi Nehemiah –
      Thank you for your feedback. You are right – there is no clear prohibition in law against parking on a public street within an ungated HOA Community. Although some court decisions have interpreted CCRs banning such parking as authoritative (wrongly in my view), the problem is mostly political. The votes are not there to clarify the situation in statute – that public roadways are public and no CC&R overrules a city or county ordinance regarding parking on them. Besides working to change your CC&Rs or changing your board’s leadership, I’m sorry to say I am not hopeful another legislative attempt to clarify the law would be successful. I tried 3 or 4 times and it was very difficult to move the bills forward each time so I finally settled for the compromise that provides the appropriate policy (freedom to park on public roads) only for new HOAs.
      Thanks again –
      Nancy

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