- 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.
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!