Limit HOA Control Of Parking on Public Streets
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Homeowner's Associations in Arizona are well regulated by federal and state statue, and generally viewed as a "necessary evil" to prevent the community to fall into disarray and to pay for the maintenance of common areas. Unfortunately, many HOA's have elected board members that use their position to promote their own agenda, whether that be pursuing a political career, a personal dislike of paint colors, or simply a power trip. And more often than not, these board members are completely ignorant about topics they are making decisions on. Which leads to this problem....
Most HOA's have streets that are maintained by the local governmental jurisdiction, whether city or county. Rarely, such as in the case of gated communities, does the HOA actually pay for the upkeep and repair of the roadways. In these cases, there is little argument that the HOA can place whatever regulation it wants on parking. However, in the vast majority of HOAs, the roadways maintained and regulated by city or county funds and laws. This includes everything from asphalt and line markings, to determining speed limits and no parking zones. These are outside the control of the HOA. They don't have the authority to change posted speed limits because the board decides to. In that vein, why should they have the ability, to regulate parking?
Reasonable restrictions, such as not having inoperative vehicles, not allowing large commercial vehicles, or recreational vehicles parked throughout the community, are not generally opposed by residents. What is opposed is a blanket parking ban. Some HOA boards have even gone so far as to suggest towing vehicles from in front of homes, or even out of driveways. To stifle an oft cited, but never proved myth, there is no credible study to suggest that on street parking alone lowers home values.
The intent of this petition is to limit how far an HOA can take parking enforcement by requiring HOA's to limit any enforcement to what is detailed by local zoning, city codes, county ordinances or state law.
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