Are HOA Parking Rules Enforceable in Arizona?
Question: At the time that our community was developed in 2005, the roads were dedicated to the City of Chandler. The CC&Rs of our homeowners association (“HOA”) have always prohibited overnight parking on the roads. Are these HOA parking rules still enforceable? I thought Arizona law was recently changed to prohibit CC&Rs of HOAs from regulating public roads in a community.
Answer: You are correct that a new Arizona law prohibits the CC&Rs of HOAs from regulating public roads. This new Arizona law, however, generally only applies to HOAs formed after December 31, 2014. (See below A.R.S. § 33-1818.) Therefore, the CC&Rs of your Chandler HOA formed in 2005 prohibiting overnight parking on the roads should still be enforceable.
A.R.S. § 33-1818. Community authority over public roadways; applicability
A. Notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.
B. This section applies only to those planned communities for which the declaration is recorded after December 31, 2014.
Note: A new amendment to CC&Rs regulating parking on dedicated streets in Arizona would be unenforceable. A.R.S. § 33-1802(3) defines the term “declaration” to include any amendment to CC&Rs, therefore, the above statute applies to an amendment to CC&Rs concerning an HOA parking rule made subsequent to the December 31, 2014 cutoff date.