AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

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HOA Planned Community authority over public roadways

In 2014, the Community Manager for our HOA advised our Board during an Open Meeting that they should NOT document any parking rules or provide the community with updated written parking guidelines. She stated that the HOA would lose their right to regulate on-street parking in our community if the board adopted and published written parking guidelines.

I have read 33-1818, as well as HR1278 511R. In my opinion, section (B) clearly grandfathers the right to regulate on-street parking to those planned communities for which the declaration is recorded after December 31, 2014. Our community’s declaration was recording 1995, so we should still be able to regulate parking unless and until we change the recorded date of the declaration.

I can’t imagine how writing down and publishing parking rules and regulations would change the record date of the declaration. However, the board will not write any plainly worded parking rules for the benefit of the community and requires us to rely on legalese of the CCRs and word of mouth.

1 Response

  1. Dennis Legere

    Eva
    You are absolutely. Correct. That statute was written to grandfather any association who’s declaration was recorded prior to the effective date of that legislation. You are also correct that any association that modifies its declaration and records that amendment would loose that grandfather protection and also lose the ability to regulate roads that are public property and not private property. Simply invoking Rules does not trigger this action.

    Dennis

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