Up until now, homeowners associations (HOA) throughout Arizona have been able to set the rules for parking when it came to their neighborhood. With a new law that was passed in April of 2013, future HOA communities will find it a little difficult to set the rules on how those in their community will park.
The recently-passed bill (SB 1278) was initiated by Nancy Barto, a Republican senator. While she may have not had run-ins with HOA imposed fines, she had caught wind of the problems faced by some homeowners. There are many cases of people receiving fines—which may range from $50 on up to over $1,600—due to where they parked at their own home.
The new law (which was five years in the making) was passed by Governor Jan Brewer, and will now take effect. However, it does not impact already existing HOA communities. Existing HOAs can continue to create rules and regulations regarding the parking within their community. The new law will only impact HOAs formed after 2014. Therefore, all new communities that are being built or are in the planning stages will not be able to dictate parking rules for their residents.
What does this Mean for you?
What does this mean for those who live in those communities, as well as the HOAs? It all depends on which side of the table you are on and how you feel about parking rules within your neighborhood. The HOA has the tough job of maintaining the quality of their community; many see parking in the streets, overnight, or on the grass as an eyesore, hence the rules regarding parking.
On the other hand, numerous residents find it difficult to even have company visit without breaking the rules, and don’t want to wake up to HOA-imposed fines for having parked in the street in front of their home. Not all residents are opposed to HOA parking rules, either. Many residents support the parking rules, and may even be active in notifying the HOA of parking violations.
One change that current HOAs may see take place is the increased interest of their community members, unhappy about parking rules, looking to move to a newer neighborhood. Fed up, they may sell and move into a community where they can park where they please. But HOAs shouldn’t worry too much, because for every homeowner that is against the parking rules, there are others ready to buy their homes who will likely support parking rules. Now, with this new law, there will be an option for those homeowners who have strong feelings regarding the parking situation one way or another.
New HOA boards will need to take notice of SB 1278 though, and keep it in mind as they ready the Covenants, Conditions and Restrictions that will govern their communities. While it doesn’t impact existing HOA communities, it will help if board members are aware of the new law, as it may prompt homeowners to begin asking questions and suggesting changes in current parking rules.
What about new communities that are built after 2014, but who adopt HOA boards formed prior to 2014?
HOAs may be ill served by the leniency of the sublet allowance interpretation as it may be undersupported by protection systems as yet since the laws have no ability to view it from a case law perspective thus leaving all parties in limbo like legal states until enough people with time and effort toward the end of writing sufficient governing principles can bring about the positive changes intended in the first place. Catch 22 situations often arise and people end up in financial and housing crises. I do not know more..but condominium association seem to be the auspices under which letting and subletting are better conducted and prior conversion of a neighborhood or organization to such an association governance seems a more prudent approach.
Why can HOAs regulate public streets (not in a gated community) that the Sheriff and Fire Marshalls have deamed wide enough for emergencey vehicles? In addition, require home owners to register their vehicles.
While parking rules can be quite annoying, I think it really does have a big impact on safety. Less cars parked on neighborhood streets means more space for passing vehicles to get through, and that translates into a smaller likelihood of any children being in danger of being hit by vehicles.
I bought a 5 bedroom house with 3 parking spaces. It’s insane. More than that, it’s bulls&##!
What about a board established in 2004 that changes free spaces for residential parking to guest parking without a vote a month ago? States that they are supposed to vote for any changes to the HOA. Our Board thinks they can change anything including short Term Rentals without a vote. We have now 145 guest parking spaces with 6 extra for owners. What we have is an HOA that thinks they can do anything they want. All multiple unit owners. We are close to 70% rentals now.
For 10 years I were able to park on the street never a peep long standing precedence also as I understand it there had been a vote and the community voted to allow parking on street.
Fast forward to 2017 a new HOA bought previous HOA and put in place no parking on streets at anytime. They raised HOA annual fee to pay for a security person to drive around and write up violations. Frustrating part my garage was built with customized cabinets and is impossible to park 2 cars in the garage I would never have purchased home had I been under those restrictions. I have 3 cars and a very small driveway if friends come to visit and stay late or over night don’t want to drink and drive there is always a yellow parking notice violation in the morning. A few weeks later I get a nasty note from HOA Gods. Thanksgiving evening I had guests visiting plus everyone else on streets had tickets too. It’s beyond rediculous I’d love to move but that takes time. Seems like the former HOA would have set precedent but new HOA 3 people voted all the rest of the community had no say? Is this right?
Our legislature needs to revisit this. It’s completely unfair that some people are forced to live with such strict parking rules while others, just because their HOA was formed after 2014, have no restrictions at all. It’s almost impossible to find a decent, affordable home in Arizona that’s not in an HOA. I shouldn’t be forced into signing an agreement giving up my rights as a homeowner just because I want a decent home. There’s something that seems unconstitutional about that.
This question was the first one asked in these comments back in 2017. “What about new communities built on or after 2014, but who adopt HOA boards formed prior to the 2014 law?
Prior to 2014 or not shouldn’t matter. The equal protection clause of the 14th amendment should come into play regardless of when the ‘law’ was signed in or when the bylaws were passed. You can’t give some people the right to park on the street and deny others the same right.
This really seems unfair to those who live in communities formed before 2014. We have cars too, you know. Why am I forced to live with strict parking rules while those one street over have no rules at all? The legislature needs to revisit this and make it fair for everyone.
Can a HOA Resident park a Cox Cable Bucket Truck on our HOA Street?
Majority of company vehicles that have government contracts can park on street without recourse.
But the problem is policing a public street neighborhood that’s not in a gated community and the city of surprises police doesn’t have an issue. Plenty of space for cars to travel through.