Public Utility Truck Exempt from HOA Parking Rule

Question: The CC&Rs for our Mesa community prohibit the parking of vehicles on our streets overnight. One of our homeowners works for a City of Mesa telecommunications utility provider. This homeowner parks a large bucket truck on the street overnight in violation of our CC&Rs. Is that allowed?

Answer: Probably. The telecommunications utility provider can require that the bucket truck be available to the homeowner- employee if there is a service outage or other emergency. If the bucket truck weighs less than 20,000 pounds, is owned by the telecommunications provider, and bears a visible designation of this ownership, your CC&Rs cannot prohibit the overnight parking of the bucket truck on the street (or driveway). See ARS § 33–1809, which exempts most emergency vehicles owned by public utilities from certain parking requirements in CC&Rs.