New CCR’s after 2014 Cannot Regulate City Streets
Question: The homeowners association for our community was formed in 2008. The streets in our community are owned by the City of Mesa. Our CC&Rs have always prohibited parking overnight in the streets. In a recent column you said that since 2014 the CC&Rs of a community can no longer regulate parking on city streets. Does that mean our CC&Rs prohibiting parking overnight in the streets are unenforceable?
Answer: No. The language in my recent column was not clear. Any CC&Rs adopted prior to December 31, 2014, can still regulate parking on city streets. CC&Rs adopted after December 31, 2014, cannot regulate parking on city streets. A.R.S. § 33-1818. Because your CC&Rs have prohibited overnight parking on city streets since 2008, your CC&Rs are enforceable.