HOA parking enforcement - Are On-Street Parking Bans Valid?
Residential Arizona Parking Laws
Wondering if your HOA can fine you for parking on the street?
We regularly meet with homeowners whose HOAs threaten to impose fines or even take them to court to enforce HOA on-street parking bans. In one case, the HOA spent more than $40,000.00 unsuccessfully attempting to enforce an on-street parking ban against a family that had five licensed drivers in the family.
HOA parking enforcement. Are these HOA street parking bans enforceable?
HOA parking rules in Arizona say that the HOA has "no authority over and shall not regulate any roadway" if it is a public street.
BUT this law only applies to planned communities whose CC&Rs were recorded since December 31, 2014. So if your HOA is new or if it has recorded an amendment to its CC&Rs since December 31, 2014, the HOA does not have the authority to ban you from or enforce parking on public streets.
What about those older HOA’s or those that have not yet amended or refiled their CC&Rs?
The answer often depends on the precise language used in the CC&Rs. However, it does not make sense for HOAs to be able to regulate public streets. HOAs, after all, are not public entities.
No Arizona court has had the chance to address this specific issue. The argument is that the power to regulate public roads is vested exclusively in governmental bodies and private entities, such as homeowners’ associations, do not have the power to impose restrictions on the use of it. In some cases, this can turn on the language used in the CC&Rs, plat map, or other governing documents.
Finally, it is important to keep in mind that HOAs cannot enforce street parking bans, even if they are valid, if they are doing so in a selective, random, arbitrary, capricious, unreasonable and/or potentially discriminatory manner. A use restriction that singles out and targets a particular homeowner is unreasonable, arbitrary, capricious, and unenforceable. If all of your neighbors also park on the street and you're the only one getting fines or threatening letters, you may have a good selective enforcement defense.
If you feel you need legal assistance with regard to the new short-term rental law or if you have any questions, check out our HOA Law or Real Estate Law page for more information. Or contact us today.
If you liked this article, you might also like reading our blog about rental restrictions and collecting fees.
