new parking rules

[notbob]

i live in a community governed by a homeowner's association in Phoenix, AZ. Recently a new rule was enacted that prohibits vehicle parking on the streets. The streets in my community are not privately owned and are maintained by the City of Phoenix, and up until this new rule, city law allowed parking on the streets.
My question is: does the association have the right to make enforceable rules that prohibit something that is permitted by local laws?
I ask because I own a truck that is too large to fit in my garage/driveway and have been told I must "make other arrangements for storage and parking of this vehicle"

 

[Jayni]

Homeowners Assn. in CA

I am very interested in your question and hope that people can answer your question and mine.
I also live within a gated community but in the State of California governed under CC&Rs. There is no reference to street parking in the CC&Rs. My city allows street parking as well. The Board of Directors, consisting of 5 homeowners, have decided that there will no longer be street parking allowed in our gated community. This decision was not put to a vote of the homeowners. The Board of Directors have stated they have the right to make this new rule without taking a vote. The title to our home shows that the land our home is on includes the land up through the middle of the street. Does the Board of Directors have the right to make this rule without putting it to a vote? Do they have the right to take away the use of our property? If a vote of the homeowners is required does it take a majority of homeowners or just a quorum at a meeting. Thank you for your input. Your input is appreciated: [email protected]

 

[HomeGuru]

i live in a community governed by a homeowner's association in Phoenix, AZ. Recently a new rule was enacted that prohibits vehicle parking on the streets. The streets in my community are not privately owned and are maintained by the City of Phoenix, and up until this new rule, city law allowed parking on the streets.
My question is: does the association have the right to make enforceable rules that prohibit something that is permitted by local laws?
I ask because I own a truck that is too large to fit in my garage/driveway and have been told I must "make other arrangements for storage and parking of this vehicle"

**A: in your case, the HOA has no jurisdiction over street parking because the street is not owned or maintained by the HOA.

 

[HomeGuru]

Re: Homeowners Assn. in CA

I am very interested in your question and hope that people can answer your question and mine.
I also live within a gated community but in the State of California governed under CC&Rs. There is no reference to street parking in the CC&Rs. My city allows street parking as well. The Board of Directors, consisting of 5 homeowners, have decided that there will no longer be street parking allowed in our gated community. This decision was not put to a vote of the homeowners. The Board of Directors have stated they have the right to make this new rule without taking a vote. The title to our home shows that the land our home is on includes the land up through the middle of the street. Does the Board of Directors have the right to make this rule without putting it to a vote? Do they have the right to take away the use of our property? If a vote of the homeowners is required does it take a majority of homeowners or just a quorum at a meeting. Thank you for your input. Your input is appreciated: [email protected]

**A: you are asking questions that could be answered by reading your HOA documents, thus we are unable to help you.

 

[Brent Leib]

HomeGuru question

HomeGuru,
You responded to notbob and said the HOA has no right to dictate what happens on city owned streets. What if the CC&Rs state that no parking on the streets is allowed to maintain the standards of the community. All homeowners agreed to this when the purchased their home and received copies of the CC&Rs.

Thanks!

 

[HomeGuru]

Re: HomeGuru question

HomeGuru,
You responded to notbob and said the HOA has no right to dictate what happens on city owned streets. What if the CC&Rs state that no parking on the streets is allowed to maintain the standards of the community. All homeowners agreed to this when the purchased their home and received copies of the CC&Rs.

Thanks!

**A: the HOA has no jurisdiction over non HOA owned property, therefore the street parking clause would be deemed unenforceable if challenged in the court of law.

 

[Brent Leib]

OK

Thanks for your reply! You are truely a Homeowners Guru!

 

[HomeGuru]

You are welcome.