Can an HOA Regulate the Streets Owned by a City?
Question: The CC&Rs for our community prohibit overnight parking on the street. An attorney in our community recently claimed that our streets are governed by the City of Phoenix, and therefore these CC&Rs are not enforceable. Is that correct? Why does the City of Phoenix care whether there is overnight parking on our streets or not?
Answer: Since 2014 newly adopted CC&Rs of a community cannot regulate public streets, i.e., streets owned by a municipality like the City of Phoenix. A.R.S. §33-1818. The legislature’s reasoning was that a municipality like the City of Phoenix, and not the CC&Rs of a community, should have the sole right to regulate public streets. This includes any moving or non-moving violation listed in an HOA’s CC&Rs. Older communities with CC&Rs approved prior to 2014 are “grandfathered in” and are able to maintain their regulations of public streets.