A new Arizona law will prohibit homeowners associations formed after Dec. 31, 2014, from enforcing parking on public streets. The goal is to change the way developers design communities.
Senate Bill 1278 became law on April 11 and simply states that “an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity.”
The law only applies to HOAs formed after Dec. 31, 2014 because current HOAs say any parking regulations they have in place are needed for safety reasons.
Josh Bolen, president of the Central Arizona Chapter of the Community Associations Institute, a nonprofit group that represents the interests of HOA board members and managers, said the law was really a compromise.
“The problem with HOAs and parking is that when a developer goes in to build a community they want to build the streets as narrow as possible because that means they can put more lots in the area,” Bolen said. “One of the ways they can make the streets more narrow is by saying the HOA has to regulate street parking… Our thought process was by putting the date out, if developers are not allowed to have an HOA regulating street parking they’re going to have to make wider streets.”
HOA regulations for vehicles on streets is not just about how a neighborhood looks, Bolen said. Safety issues include access for emergency vehicles as well as reduced sight lines. If children are playing near or on the street they may not be as visible to other drivers if there are cars parked in the street.
Municipalities will be responsible for enforcing all parking on streets in HOAs formed after 2015.
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