Several Community Associations have encountered the challenge of limiting the traffic that parked cars cause on neighborhood streets. Although parking on streets is subject to some restrictions, associations have the right to control parked vehicles on organization land. When enforcing parking regulations, there are numerous things to consider, such as the language in the neighborhood documents, whether the roadways are communal or personal, and if community members or outsiders own the automobiles in violation. Community associations must consider these variables when enforcing parking restrictions to reduce liability and avoid frivolous legal actions. You can get help from flagstaff hoa management companies.
Enforcement of parking on private streets.
By the CC&Rs’ requirements, associations may penalize members who violate parking restrictions on private streets. The idea that the CC&Rs operate as an agreement between the Association and its representatives supports this. However, since non-members are not liable to the contractual obligations in the CC&Rs, their vehicles are not governed by the same regulations as those owned by members. This distinction is crucial if the CC&Rs of an association allows the organization to tow automobiles that break parking regulations.
Depending on whether the non-member is a renter or a visitor of a member, the neighborhood papers may also include enforcement of the law policy and penalty structure that would allow it to fine improperly parked non-member automobiles. Since the CC&Rs are still solely applicable to members, these penalties must be assessed against the representative whose tenant or visitor broke the parking rules.
Enforcement of parking on public streets.
Similar to private street enforcement is implementing parking violations on public streets against Association members. If the CC&Rs expressly permit it, associations may enact parking regulations against members who park on public roadways and even tow their vehicles. Courts have ruled that when individuals purchase property inside an association, they agree to abide by the CC&Rs. If the CC&Rs prohibit parking on public roadways, they also agree to abide by those restrictions.
However, if a non-member vehicle is completely parked on a public street, the Association is not allowed to tow it. Although A.R.S. 9-499.05 allows for the towing of non-member automobiles from private roadways, an Association does not have the right to take a non-vehicle member off a public road. Non-members are permitted to park on public roads because they are not subject to the CC&Rs.
