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

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Selective enforcement

My HOA has recently decided that company marked vehicles are not allowed in the community. Not in the driveways, not overnight. The CC&R verbiage is vague at best but implies 18 wheelers and commercial vehicles.
My question is, do I have any rights against this sporadic enforcement? I am an original owner and in 14 years, since the establishment of this neighborhood, this is the first year they have decided to “interpret” this CC&R to lump company vehicles with commercial vehicles.
Thank you for any input

1 Response

  1. Dennis Legere

    Brittany;

    To answer your question appropriately it is most important to see the actual language of your CC&R’s and association rules. And to understand how you believe that selective enforcement is taking place.

    The association has a duty to enforce the CC&R’s fairly and uniformly across the community. The association is also free to change the way the enforce any provision of the CC&R’s as long as it is a conscious documented decision of the board, that is communicated to all members prior to enforcement of that changed interpretation and finally that they now enforce that new interpretation uniformly across the community.

    Because as association has not applied the commercial vehicle restriction in the past the same way that it is now does not make it selective. But if they decide to change the way they have applied this restriction in the past they must communicate that change to all homeowners directly before they can enforce that position. What happens mostly in these communities is the board is not involved in the change at all , either a new management company or a new community manager comes along and decides for themselves how to interpret the CC&R’s. This is totally inappropriate. Only the board has the authority to interpret or enforce the CC&R’s.

    My advice to you is contact the board directly or attend the next board meeting and ask the question directly. Has the board decided to change the way they address company marked vehicles parked in private driveways? And if so when and in what open meeting was that decided and recorded and how was it communicated to the community?

    Arizona does have laws (ARS: 33-1809) that prevent the HOA from restricting public service vehicles where the homeowner is required to respond to emergency calls outside of normal business hours. Do if your vehicle meets these qualification you are free to park your company vehicle no matter what the CC&R’s say.

    Hopefully this helps
    Dennis

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