Parking and Vehicle Violations

Groover

New Member
Jurisdiction
Arizona
Arizona HOA. I am trying to understand the limits of the HOA's rights and my rights.

Suppose there is a vehicle parked on the public street outside of my house and for some reason that vehicle violates the CC&Rs. E.g. size, type, etc. HOA was formed before the change in Arizona Law relating to public streets in 2014, so is grandfathered in and they can regulate the street.

The HOA decides to send me a violation letter with a photograph of the vehicle asking it to be moved.

Is that enough for the HOA to enforce the CC&Rs or are they required to take an extra step and prove the vehicle belongs to me?

Anyone can park outside of my house, it's not reserved in any way.

I.e. in order for a HOA to enforce a violation of any kind they have to follow the "innocent until proven guilty" mantra, be able to prove the violation and a homeowner does not have to cooperate in that process? Or is the standard lower than that?

Thanks!
 
Suppose there is a vehicle parked on the public street outside of my house and for some reason that vehicle violates the CC&Rs. E.g. size, type, etc. HOA was formed before the change in Arizona Law relating to public streets in 2014, so is grandfathered in and they can regulate the street.

You're simply amazing.

Your mental acuity is very sharp.

Your ability to reason excels the common person's ability to do so.

Bottom line, YOU answered your question.

Kudos to you.

The HOA decides to send me a violation letter with a photograph of the vehicle asking it to be moved.

Is that enough for the HOA to enforce the CC&Rs or are they required to take an extra step and prove the vehicle belongs to me?

You're slipping, mate.

You need to pose the above question to the elected leadership of your nazi-like HOA.



Anyone can park outside of my house, it's not reserved in any way.


You don't say.

I.e. in order for a HOA to enforce a violation of any kind they have to follow the "innocent until proven guilty" mantra, be able to prove the violation and a homeowner does not have to cooperate in that process? Or is the standard lower than that?


Only the nazis that administer the nazi-like HOA can answer that question, if they deign entertain it.
 
Is that enough for the HOA to enforce the CC&Rs or are they required to take an extra step and prove the vehicle belongs to me?

Nope.

In an HOA you are guilty until you prove otherwise. The HOA says move it, you move it, or you get fined and a lien placed on your house if you don't pay.

If the vehicle doesn't belong to you or one of your guests, you prove it and you are off the hook.

That's what you get when you live in an HOA - totalitarianism.

Ben Franklin didn't realize he was predicting HOAs when he said:

"He who gives up liberty for security deserves neither."

What, exactly, did you get cited for? Upload a copy of the violation letter, redacting any identifying information.
 
@adujsterjack - many thanks for taking the time to post a helpful reply! Much appreciated! :D You make this forum friendly for members like me.
 
Is that enough for the HOA to enforce the CC&Rs or are they required to take an extra step and prove the vehicle belongs to me?

I don't know. You've read (or have access to read) the CC&Rs of your neighborhood. No one else here has done that or has that access. Also, "enforce the CC&Rs" how?

Anyone can park outside of my house, it's not reserved in any way.

Ok...well...if, in this hypothetical scenario, the car isn't yours, then it won't matter in the slightest to you when it gets towed. Of course, one would assume that, hypothetically, you'd respond to an HOA notice by saying, "it's not my car, and I'd like to see it moved as much as you would."

in order for a HOA to enforce a violation of any kind they have to follow the "innocent until proven guilty" mantra, be able to prove the violation and a homeowner does not have to cooperate in that process? Or is the standard lower than that?

I've never heard of a set of CC&Rs that require the HOA to prove anything to anyone. The "innocent until proven guilty" is something that applies only in a criminal prosecution at the time of trial.
 
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