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Can Homeowners' Associations Restrict On-Street Parking?

Homeowners' associations (HOAs) often establish rules within their CC&Rs (Covenants, Conditions, and Restrictions) that prohibit homeowners from parking on public streets. In some cases, HOA boards may even attempt to limit parking on public streets, even when these restrictions are not explicitly stated in the recorded CC&Rs. Understandably, these restrictions have raised concerns among homeowners, prompting many to seek advice from Arizona HOA lawyers. It may seem counterintuitive that an HOA can have authority over public street parking.

Several years ago, the Arizona legislature recognized this issue and enacted a statute (A.R.S. § 33-1818) to address it. The statute states:

A. Notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.

B. This section applies only to those planned communities for which the declaration is recorded after December 31, 2014.

In essence, Arizona law now dictates that HOAs may not regulate parking on public roadways. However, this law only applies to planned communities where the CC&Rs were recorded after December 31, 2014.

For homeowners residing in older communities where the CC&Rs do include parking restrictions, the HOA may still attempt to regulate parking on public roads. In such cases, objections may arise regarding the fundamental question of whether an HOA holds the authority to regulate activities on public streets. While no Arizona court has provided a definitive answer to this question, individuals with objections to HOA parking regulations may benefit from consulting with experienced Arizona HOA attorneys.

In certain scenarios, associations may seek to enforce parking restrictions that are not supported by the governing CC&Rs. In other instances, older communities may have recorded CC&R amendments after December 31, 2014, potentially bringing them within the scope of A.R.S. §33-1818. Additionally, HOAs must adhere to the fundamental principle of Arizona HOA law, which requires them to treat all homeowners fairly and equitably. Enforcement actions that are arbitrary, discriminatory, capricious, or retaliatory are in violation of this principle.

HOA Parking Enforcement - Are On-Street Parking Bans Valid?

Homeowners frequently inquire about their HOAs' authority to impose fines for street parking violations. Some HOAs even threaten legal action to enforce on-street parking bans. In a notable case, an HOA expended over $40,000 in an unsuccessful attempt to enforce a parking ban against a family with five licensed drivers.

However, the question remains: Are these HOA street parking bans enforceable?

Arizona's HOA parking rules clearly state that HOAs lack authority over and cannot regulate roadways classified as public streets. This law, however, exclusively applies to planned communities with CC&Rs recorded since December 31, 2014. Therefore, if your HOA is relatively new or has amended its CC&Rs after this date, it lacks the authority to prohibit parking on public streets.

The situation becomes more nuanced for older associations or those that have not yet amended or updated their CC&Rs. The answer often hinges on the specific language used in the CC&Rs. Nonetheless, the notion that HOAs should possess the power to regulate public streets remains questionable since HOAs are not public entities.

To date, no Arizona court has explicitly addressed this particular issue. The argument asserts that the authority to regulate public roads is vested solely in governmental bodies, and private entities like HOAs lack the capacity to impose restrictions on their use. The interpretation may be influenced by the language used in the CC&Rs, plat maps, or other governing documents.

It is crucial to remember that HOAs, even if they possess valid authority, cannot enforce street parking bans in a selective, random, arbitrary, capricious, unreasonable, or potentially discriminatory manner. If a use restriction targets a specific homeowner while all neighbors engage in street parking without consequences, it may constitute selective enforcement and be deemed unreasonable, arbitrary, capricious, and unenforceable.

For individuals experiencing unequal enforcement of street parking bans, a selective enforcement defense may offer recourse.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Individuals with specific legal concerns should consult with qualified legal professionals.

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