Arizona HOA Street Parking Laws: What Homeowners Need to Know in 2025

🔎 Introduction

Arizona’s homeowners’ associations (HOAs) have long regulated street parking to preserve community safety, appearance, and order. However, recent legislative changes—most notably House Bill 2298—have significantly reshaped the Arizona HOA Parking Laws. This guide explains how these changes affect street parking enforcement, who it applies to, and what steps communities must take before June 30, 2025, to maintain certain parking privileges.

📜 Background on HOA and Parking in Arizona

Historically, many Arizona HOAs have enforced strict parking rules on both private and public roads within their developments. These rules aimed to:

• Limit overnight street parking

• Prohibit commercial vehicle storage

• Restrict RVs, boats, and trailers on visible streets

While these regulations served to maintain community aesthetics, they also sparked tension with residents, particularly in multi-vehicle households or those with guests.

⚖️ What Is House Bill 2298?

House Bill 2298, passed by the Arizona Legislature and codified in A.R.S. § 33-1818, creates new distinctions between HOA authority over private vs. public roadways.

🔑 Key Changes in Arizona HOA Street Parking Law:

1. For HOAs Created After December 31, 2014:

   • Cannot regulate public streets.

   • Any street owned or maintained by a municipality or the state is now exempt from HOA parking enforcement.

   • Parking tickets or restrictions imposed by the HOA on these public streets are no longer enforceable.

2. For HOAs Created Before January 1, 2015:

   • May continue enforcing existing parking restrictions until June 30, 2025.

   • After that, a community vote is required to retain these rules.

   • A majority of all eligible voting homeowners must approve continued enforcement.

   • Without a successful vote, the HOA loses parking enforcement powers on public streets.

🏘️ Why This Law Matters to Your Community

These updates to the Arizona HOA Street Parking Law have significant implications for residents and HOA boards alike:

🧑‍🤝‍🧑 Empowering Homeowners

Residents now have more say in whether or not HOAs should enforce parking rules on public streets. This promotes greater community involvement in decision-making.

🚘 Protecting Fair Use of Public Roads

Many residents view public streets as public domain. The new law ensures they can’t be fined by an HOA for parking on streets the HOA doesn’t own or maintain.

🛑 Limiting HOA Overreach

Some HOAs were enforcing overreaching parking fines or even towing vehicles. The law ensures fairness and due process in residential parking regulation.

📅 What HOAs Must Do Before June 30, 2025

For HOAs established before 2015 that wish to retain parking authority, the clock is ticking.

✅ Action Plan:

1. Review Governing Documents

   • Determine whether the HOA’s CC&Rs (Covenants, Conditions & Restrictions) grant parking enforcement powers.

2. Communicate with Residents

   • Explain the implications of the law clearly and transparently.

   • Outline the pros and cons of keeping or relinquishing enforcement authority.

3. Conduct a Vote

   • Ensure proper voting procedures per your bylaws.

   • Secure majority approval to retain parking regulations.

4. Amend Governing Documents (if necessary)

   • If the vote passes, formally amend CC&Rs to retain enforcement power.

   • If it fails, update policies to reflect the new lack of authority over public roads.

5. Consult HOA Legal Counsel

   • Get legal review to ensure compliance with Arizona Residential Parking Laws and HOA Parking Rules Arizona.

📌 Public vs. Private Roads: What’s the Difference?

🗣️ Frequently Asked Questions

❓ Can my HOA tow my car for parking on a public street?

Only if your HOA is pre-2015 and has held a successful vote to retain enforcement authority. Otherwise, it cannot tow or fine vehicles on public streets.

❓ What happens if the HOA doesn't hold a vote by June 30, 2025?

The HOA automatically loses its authority to enforce parking rules on public streets.

❓ Do these laws affect guest parking or temporary event parking?

Yes, if it involves public streets. HOAs can no longer regulate these unless they have retained authority through the vote process.

📝 Final Thoughts

The evolving Arizona HOA Laws Parking framework means HOAs and homeowners must act now to prepare. For some, this may offer relief from overregulation. For others, it could introduce new challenges related to traffic flow, neighborhood safety, or cluttered streets.

The key is communication and action: HOAs must educate residents, review their documents, and vote before the deadline if they wish to retain their existing parking policies.