5 tips for managing your Arizona HOA parking laws

How do you manage the challenging task of keeping peace in your community as an Arizona community association, while handling HOA parking rules and violations? Applying the Arizona HOA parking laws effectively is critical to informing residents and visitors about the regulations. This not only strengthens your reputation but also ensures harmony and order within your community. 

Regardless of whether your homeowners' association is part of a large-scale community in Scottsdale or a single-family home association in Tucson, implementing a proper parking policy is a universal struggle. Here are some examples of potential parking issues that your homeowners' association might encounter:

• Insufficient parking spaces
   
• Parking in a resident’s assigned spot
   
• Restrictions with guest parking
   
• Overnight parking in a prohibited location
   
• Limited or restricted street parking
   
• RV and boat parking
   
• Handicapped parking
   
• Illegal parking in fire lanes
   
• Parking in landscaping
   
• Inoperable vehicles
   
• Vehicles leaking fluid in common area
   
• Unregistered or expired license plates

For an efficient, harmonious Arizona HOA community, a well-articulated parking policy is paramount. Implementing these 5 crucial considerations and tips for your HOA parking policy will not only reduce infractions and misinterpretations, but also cultivate a more harmonious living environment for every member of your community.
 

HOA Parking Tip 1: Contact the proper jurisdiction for parking issues on public roads.

Working in tandem with local governing bodies is crucial before enforcing HOA parking regulations. Remember that your HOA lacks the power to enforce fines or tow unauthorized vehicles parked on public roads, even if they traverse through your community. In such instances, reaching out to the city or county authorities overseeing the road to report the problem is advised. However, if the parking infringement endangers a resident's health, safety, or welfare, you can seek immediate towing support from the city or county.

According to Arizona Revised Statutes (A.R.S.) 33-1818,  “Notwithstanding any provision in the community documents, after the period of declarant control, 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.” (Note that this applies to associations where the declaration is recorded after December 31, 2014.)
 

HOA Parking Tip 2: Be familiar with Arizona laws concerning HOAs and parking regulations.

Ensuring adherence to Arizona's towing rules and regulations is of paramount importance, especially for HOA board members. Knowledge and strict application of these laws, even on private properties, is non-negotiable. HOAs bear the essential responsibility of upholding all specifications related to vehicle towing.

According to A.R.S. Section 9-499.05(B), “The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by this subsection which are clearly visible and readable from any point within the parking area and at each entrance.” The signage in place should make parking restrictions crystal clear, outlining the consequences if a vehicle breaches the rules. They should include the maximum penalty fees, along with contact details and the address of the location where the towed vehicle can be retrieved. Additionally, visibility is key – these signs should be easy to spot and read from any spot within the parking facility, as well as from every entry point.
 

HOA Parking Tip 3:  Make sure your parking policy is reasonable and defined in your CC&Rs.

Understanding HOA parking regulations fully is crucial to avoid misunderstandings and to maintain peace within the community. Ambiguous laws often lead to confusion among homeowners about what constitutes a violation, thereby causing undue stress. To get around this, it's imperative to review your parking policy periodically. Consult with your association attorney and management company to evaluate current laws and initiate any changes that can help ensure transparency and fairness. By doing so, you'll prevent potential disagreements and contribute to a well-regulated, peaceful community.

What should your Arizona association parking policy include? Here are a few recommendations:

• A list of what is and what isn’t allowed, including parking that is prohibited by law and rules specific to your association (e.g., guest parking regulations).
   
• A description of towing conditions, including the HOA’s authorization to tow, notification procedures (see #2) and the owner’s responsibility for all towing-related expenses.
   
• An explanation and reiteration of your HOA’s right to enforce parking regulations and levy fines.
   
• Authorization for your HOA board to grant limited exceptions and waivers at its discretion

Stay on top of policy updates by diligently checking for these critical elements. If you identify any missing components, it signals the need to revise your rules and regulations. Keeping your policies aligned with current Arizona statutes is crucial, as well as addressing any dynamic changes within your community. Always ensure you're proactive about new parking issues that may require policy adjustments.
 

HOA Parking Tip #4: Communicate consistently with homeowners about parking policies.

Enhance understanding of your neighborhood's parking guidelines by actively engaging with residents. Rather than depending on homeowners to review the CC&Rs and distribute parking regulations, simplify the process of keeping everyone in the community updated. Incorporate informative pieces in your community newsletter, circulate emails, and display the policy on a communal notice board. Contemplate reviewing the regulations at a community meeting for extra clarity. These proactive measures can guarantee that all neighborhood members are familiar with, and adhere to, the homeowners' association parking rules.

As with all association policies, the key is to communicate proactively. Dealing with parking issues in your association can be difficult, but by openly and honestly discussing the matter, you can make significant progress with your residents. Collaborate with your community manager and management company to consistently communicate parking policies and any updates. It's important to strike a balance between sharing positive news and announcements, as well as addressing and enforcing rules and potentially less enjoyable news. Don't underestimate the power of effective communication in resolving parking challenges within your association. To learn more best practices on how to appropriately communicate new policies, read HOA Policy: Why Consistent Communication Is Key.
 

HOA Parking Tip #5: Always partner with your management company and attorney when managing parking policies.

Maximize the efficiency of your HOA parking regulations by partnering with a seasoned association lawyer and a trusted community management firm. Make the most of their deep understanding of Arizona statutes to confidently tailor or formulate rules that align with your community's requirements. Plus, your dedicated community manager will rigorously impose these parking laws and effectively communicate them to members, cultivating a peaceful residential ambiance.

Having a good parking policy in place and communicating it with residents can reduce parking problems and keep your community safer for everyone and strengthen your reputation. For more information on effectively managing your parking policy, contact FirstService Residential, Arizona’s leading community management company.

Disclaimer: This article is provided for information purposes only and does not constitute legal advice.