What is the policy regarding HOA parking liability in Arizona? Whether you’re a member of the association or a member of the board, it behooves you to know more about this common source of potential conflict. Because parking is such a crucial part of everyday life for so many HOA members, making and enforcing parking rules can be a frustrating part of the association for everyone involved. Members want to be able to park their vehicles reliably and conveniently, whereas HOA boards have a vested interest in keeping the community running efficiently, providing a reasonable amount of parking and looking great. This often results in bitter battles.
Most HOAs have parking rules in their bylaws, including what kinds of vehicles can be parked, where they can park and for how long. These rules will differ based on the type of community in question, as well as state and local laws that may affect the rules.
Private vs. public streets: Where’s the line?
What is the policy regarding HOA parking liability in Arizona? Whether you’re a member of the association or a member of the board, it behooves you to know more about this common source of potential conflict. Because parking is such a crucial part of everyday life for so many HOA members, making and enforcing parking rules can be a frustrating part of the association for everyone involved. Members want to be able to park their vehicles reliably and conveniently, whereas HOA boards have a vested interest in keeping the community running efficiently, providing a reasonable amount of parking and looking great. This often results in bitter battles.
Most HOAs have parking rules in their bylaws, including what kinds of vehicles can be parked, where they can park and for how long. These rules will differ based on the type of community in question, as well as state and local laws that may affect the rules.
Private vs. public streets: Where’s the line?
Generally, HOAs have the right to regulate parking within the private streets in their developments, which applies to both HOA members and the general public. An HOA can restrict the number of vehicles allowed to park, limit or prevent commercial and/or recreational vehicles from parking there or even require that cars must be parked in garages.
The HOA, state and local laws govern what an HOA can do to enforce these rules within their own development, but consequences typically include levying fines, towing and suspending their members’ rights.
When it comes to public streets, HOAs usually have no power to regulate parking—but they may be able to regulate whether commercial and work vehicles are parked on public streets within the community. This will vary depending on the community and state, so it’s crucial to know the laws before taking any action.
How to enforce HOA parking rules
The goal of an HOA should be to provide reasonable parking accommodations, of which members of the community as well as members of the public are reasonably aware (posting signs, giving a 96-hour notice, including rules in bylaws). They also have a responsibility to enforce parking laws fairly.
The key components to being able to enforce parking rules (by towing, among other consequences) include prior notice of the parking restriction (through signs and bylaws), written authorization for the laws and regulations and reporting the tow to local law enforcement within an hour (rules may vary depending on location).
Making sure your HOA rules are compliant with legal standards can be a complex undertaking, but having a clear and fairly-applied parking policy is the key to ensuring community happiness.
Goodman Law Group focuses on Arizona HOA law, and specifically on providing HOAs with the knowledge and tools they need to manage their communities effectively. We provide a wide range of services, but focus on three major areas: collections, compliance enforcement and general counsel services. For answers to your questions regarding parking liability in HOAs in Arizona, or for general assistance with managing your HOA, contact us today.