Public Service Vehicle Parking on HOA Streets

By Christopher Combs | November 8, 2016

Public Service Vehicle Parking on HOA Streets  Question: The CC&Rs prohibit any parking at any time on the streets in our community in Goodyear. These streets are owned by our homeowners association. There are residents in our community who own police vehicles, APS trucks, and cable company trucks that park on our streets. Are these residents allowed to do that? Answer: In some cases, yes.  A.R.S. §33-1809 authorizes parking of public service corporation vehicles on streets owned by a homeowners association, despite CC&Rs prohibiting the parking of vehicles on the streets. Although police vehicles and APS vehicles are probably public service corporation…


Can an HOA Regulate the Streets Owned by a City?

By Christopher Combs | October 11, 2016

Can an HOA Regulate the Streets Owned by a City?   Question: The CC&Rs for our community prohibit overnight parking on the street. An attorney in our community recently claimed that our streets are governed by the City of Phoenix, and therefore these CC&Rs are not enforceable. Is that correct? Why does the City of Phoenix care whether there is overnight parking on our streets or not?   Answer: Since 2014 newly adopted CC&Rs of a community cannot regulate public streets, i.e., streets owned by a municipality like the City of Phoenix. A.R.S. §33-1818. The legislature’s reasoning was that a municipality…


HOA Fines Cannot Become a Lien Against a Home

By Christopher Combs | August 30, 2016

HOA Rules and Regulations-Fines Cannot Become a Lien Against a Home    Question: We recently purchased a home in a nice Queen Creek community. Within a month after closing, we got a bill for $1,200 in HOA fines. The HOA had fined our seller $1,200 for violating the CC&Rs by not removing a basketball goal from his driveway. We immediately removed the basketball goal. The HOA is still demanding payment of the $1,200 in fines from us. How can we be liable for $1,200 in fines when we had no knowledge of any fines when we bought our home?   Answer:…


Can Unpaid HOA Fees Result in Foreclosure?

By Christopher Combs | August 22, 2016

 Can Unpaid HOA Fees Result in Foreclosure?   Question: My grandmother lives in Scottsdale, and my wife and I live in Chicago. We only visit my grandmother two or three times a year. Although we thought my grandmother was still able to manage her financial affairs, she recently called us to say that she was being evicted from her Scottsdale home for non-payment of HOA dues. My grandmother owns her $450,000 home free and clear. My wife and I immediately flew to Scottsdale to try to understand what happened. Several years ago my grandmother apparently failed to pay some HOA…


HOA Pros and Cons

By Christopher Combs | July 8, 2016

Homeowners’ Associations Pros and Cons   Question: We sold a mobile home park we owned in Nebraska, and we are now looking at homes in the Phoenix area to retire. We are not familiar with the benefits and burdens of homeowners’ associations which seem to be very common in the Phoenix area. In Nebraska we had rules and regulations governing our mobile home park, such as no junk cars and speed bumps to slow traffic, so we believed that we would want to live in a community with a homeowners’ association. What is the downside to a homeowners’ association?  …


Are HOA Parking Rules Enforceable in Arizona?

By Christopher Combs | June 20, 2016

Are HOA Parking Rules Enforceable in Arizona?   Question: At the time that our community was developed in 2005, the roads were dedicated to the City of Chandler. The CC&Rs of our homeowners association (“HOA”) have always prohibited overnight parking on the roads. Are these HOA parking rules still enforceable? I thought Arizona law was recently changed to prohibit CC&Rs of HOAs from regulating public roads in a community.   Answer: You are correct that a new Arizona law prohibits the CC&Rs of HOAs from regulating public roads. This new Arizona law, however, generally only applies to HOAs formed after December 31, 2014. (See below A.R.S. §…


How to Get Rid of Noisy Neighbors

By Christopher Combs | March 28, 2016

How to Get Rid of Noisy Neighbors   Question: We live in a townhouse community in Scottsdale where there is a common wall between town homes. The problem is that our neighbors are always drinking and partying late at night which keeps us awake. The CC&Rs for our town home community prohibit any offensive conduct, including loud noise, by a neighbor which interferes with another neighbor’s use and enjoyment of their town home. Our homeowners’ association refuses to do anything. They say that they do not have any funds to hire a lawyer, and that our only recourse is for…