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Can HOA restrict street parking on public street?

I’ve contacted the Mesa City Planners office, and the Mesa Tax Commissioners office and both state the street I live on E Elena Ave in Mesa is a public street, the signs on the street also say city of mesa, which is another indication of a public street, yet my HOA is still issuing $50 fines to residences for vehicles parking on the street in front of resident’s home, Additionaly the registration of the vehicles is not checked.
I was fined for a vehicle that was not registered to anyone who lives in my houshold. How do I get them to stop issuing these fines, and refund homeowners the fines that the HOA has issued?

3 Responses

  1. Dennis Legere


    HOA’s have a fundamental right to write rules to control their common property, that is property that they actually own. However developers and their attorneys have frequently expanded that authority by simply adding in the CC&R’s restrictions on parking on streets that they do not own. If challenged in court these CC&R provisions would be found invalid on the grounds that they violate public policy. The city owns the streets they and only they can regulate those streets. I will not that if the CC&R’s do not specifically authorize street parking restrictions the association is not free to write rules that are not authorized in the CC&R’s. In 2016 the Arizona legislature made this fact clear, banning any planned community to place restrictions on the uses of streets owned by municipalities. See ARS 33-1818. The only problem with that legislation is that it grand fathered any CC&R restriction that existed prior to the enactment of that legislation. however if any change to the CC&R is recorded for any reason the provision on roadway restrictions are invalidated immediately.
    So to answer your specific question what you can do depends on your specific CC&R’s. If they contain clear restrictions on street parking than the only course of action you can take is to challenge the legitimacy of that restriction in Superior court with the assistance of a attorney competent in property servitude law, on the ground of “violating public policy”. If your CC&R’s contain no such restrictions but your association has enacted rules limiting parking on public streets then they are violating Arizona law and you can challenge that with a petition to the Arizona Department of Real Estate.

    hopefully this helps

  2. Jack

    My HOA has restrictions for overnight parking on streets–which I support. However, the community is over run with street parking which is a safety hazard. Aside from the occasional email, the HOA is not enforcing these rules despite repeated requests. How can I get the HOA to start fining residents here?

    1. Dennis Legere

      First does your association own the streets or are they city owned? Does your association have CC&R parking restrictions other than overnight parking restrictions? The first question is important because if the association owns the streets they are common property and the association can create rules to protect and manage that property. If the city owns the streets than any association based restriction must be in the CC&R’s and even those will be void if the association amends their CC&R’s for any reason. (based on a law passed in 2016)
      For comment purposes I’ll assume that the streets are common property and the association rules are limited to overnight parking. The first thing I would do is take pictures over several nights of the violators. Get a group of your neighbors that feel the same way about the abuse and attend a board meeting and raise the issue, providing the board the pictures. Inform them of your safety concern especially if the parking could cause safety equipment like fire trucks or ambulances difficulty in navigating thru your community.

        Ask them nicely to address and resolve the problem.

      If they fail to respond file a formal complaint to the board requesting that they enforce their own rules and the CC&R’s or you will be forced to file a petition to the Department of Real Estate to have a judge force them to enforce their rules. Give them a specific time limit to act like 14 day. Again if they fail to act then file the petition to ADRE I’ll help with that if you like but I’ll need to see your CC&R’s and rules. This is cut and dry and the judge will force the association to either change their rules of provisions in their CC&R’s or to enforce them. Failure to comply at this point would result in contempt of court charges and they could go to jail.

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