By Dale Stansel — Posted June 7, 2013
PHOENIX – A new homeowner associations’ reform bill signed into law earlier this year will take away the authority of HOAs established after Dec. 31, 2014 to regulate parking on publicly dedicated streets. Sponsored by state Sen. Nancy Barto, S-1278 became law on April 11, 2013 with the signature of Arizona Governor Janice K. Brewer.
”Persistence pays off,” said Sen. Barto. “After years of legislative attempts to resolve the question of which regulations control public streets within HOA communities, the right balance was struck and we successfully reached a resolution.”
The balance the senator refers to involves HOAs where publically dedicated streets may be very narrow, which can hamper emergency vehicle access or interfere with driver sight lines.
“It was very important that Barto’s bill did not impact current homeowner associations’ abilities to protect the safety of residents by maintaining their to regulate parking on public streets,” said Josh Bolen, president of the Central Arizona Chapter of the Community Associations Institute. CAI-CAC is the nonprofit trade association that represents the interests of volunteer HOA board members and managers.
“The Dec. 31, 2014 cutoff date strikes the balance of allowing older HOAs to regulate and enforce parking codes within their communities in the name of public safety, while applying municipal ordinances to newer HOA communities,” he added.
The new law does not apply to condominium communities. Municipalities will have the sole obligation of enforcing street parking ordinances in HOAs established after in 2015 and beyond.
It is estimated the approximately 7,000 to 10,000 HOAs exist in metro Phoenix.