HOA Not Enforcing Parking Rules in Arizona

Question:

Can anything be done when the HOA Board allows people to do things that are against the CC&R’S? We as residents are not allowed to park trailers in their driveways, or other equipment. The board has allowed some residents to park a bright green construction equipment for months in their driveway and now the board is allowing a resident to park a large food trailer in the driveway. these things have been in the driveways over a month or longer! What can be done to rectify this? This is Camino del Rey 55+ Community in Mesa, AZ

– Nancy

 

Answer:

Hi Nancy,

HOAs may not prohibit parking under certain circumstances such as if the resident is employed by a public service corporation or public safety agency and the vehicle is for such purposes, as stated in the Arizona Planned Communities Act Section 33-1809. If the parked vehicles fall under these provisions, then the HOA may not be selectively enforcing the parking restrictions and are obligated to allow them.

However, if the vehicles are not exempt and are violating HOA rules, you may submit a violation notice to the HOA board according to the procedure outlined in the governing documents. You may also raise this issue at a board meeting. If the problem persists, you may opt to remove the problem board member(s) according to the procedure outlined in the governing documents. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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