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| | Author | Messages | |
Jason
Posts:3286
 | | 09/12/2007 4:03 PM |
 Alert | The orange tickets mean nothing, and when pushed, the HOA will only say that they are merely informational, just saying. in other words, thay they mean nothing. There are no parking restrictions of any kind, since there are no signs anywhere, and the city does not patrol for any kind of parking.
Are you talking about the orange tickets issued by the city? The ones Brian Duncan slaps on cars? Those absolutely carry weight of law behind them. Cars cannot legally park the wrong way, on the sidewalk, more than 18" from the sidewalk (tire inclusive), etc. Because that is a public road, those laws are in effect through ARS Title 18, laws that every driver is expected to know.
If you see cars on the sidewalk, cars parked the wrong way, cars more than 18" from the sidewalk, call up Brian Duncan (520-568-9098, ask to be transfered to him) and give the details of the car and where it is. He may want to confirm details with you, so leave your name and number (he doesn't share it). Eventually if owners rack up too many violations, the Maricopa Police can do something. | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/12/2007 4:05 PM |
Alert | | Sorry, ARS Title 28. I'd edit, but then my post would get garbled. | |
Joined: Jul 2005 | |
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| | Bob J
Posts:112
| | 09/12/2007 5:29 PM |
Alert | | No, I wasn't writing about the orange tickets issued by the City of Maricopa (which is news to me, by the way), I was writing about the orange informational "flyers" put on windshields by the "Arizona Parking Solutions" hired by AAM (Associated Assets Management). I've never seen, or heard of "orange parking tickets" put on by Brian Duncan. I wasn't even aware that he was doing such a thing. Why wasn't he out this past weekend, and previous weekends, putting his "orange parking tickets"? There were overnight parking violations all over this area of Acacia Crossings (meaning the Paraiso Lane and Ancon Avenue area)? There are always cars and pick-ups parked on the sidewalk and in the wrong direction on both of the streets, not only on weekends. And, why do we need to contact Brian Duncan, can't the police department do their job? | | | |
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| | Jason
Posts:3286
| | 09/12/2007 5:38 PM |
Alert | Why wasn't he out this past weekend, and previous weekends, putting his "orange parking tickets"?
He does that, but there's only one of him and a lot of violators. If you would like a quicker response, give him a call. He was hired specifically for city code compliance, so that our small police force wouldn't be burdened with small stuff like this. | |
Joined: Jul 2005 | |
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| | maricopacabana
Posts:306
| | 09/13/2007 10:51 AM |
Alert | <div class='NTForums_Quote'>Posted By Bob J on 09/12/2007 5:29 PM
No, I wasn't writing about the orange tickets issued by the City of Maricopa (which is news to me, by the way), I was writing about the orange informational "flyers" put on windshields by the "Arizona Parking Solutions" hired by AAM (Associated Assets Management). I've never seen, or heard of "orange parking tickets" put on by Brian Duncan. I wasn't even aware that he was doing such a thing. Why wasn't he out this past weekend, and previous weekends, putting his "orange parking tickets"? There were overnight parking violations all over this area of Acacia Crossings (meaning the Paraiso Lane and Ancon Avenue area)? There are always cars and pick-ups parked on the sidewalk and in the wrong direction on both of the streets, not only on weekends. And, why do we need to contact Brian Duncan, can't the police department do their job?</div>
There is one compliance officer. Do you want the PD to spend time tracking parking violations or deal with more serious issues? | | | |
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| | Bob J
Posts:112
| | 09/13/2007 4:39 PM |
Alert | | There are no signs anywhere in Acacia Crossings regarding anykind of parking. Does the compliance officer work 24/7? Who covers weekends? And, yes, I do expect the police department to do their jobs, Lord knows, we are paying enough taxes. Brian can't be expected to cover more than 5 or 6 eight hour shifts. What about the rest of the time? And, Jason, parking problems is not small stuff, and if the present size of the police can't be burdened with "small stuff" like this, then we need a bigger police force. As you may know, parking tickets and enforcement can be a good source of revenue for the city. | | | |
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|  | Java Lover
Posts:0
| | 09/13/2007 7:47 PM |
Alert | There are not signs about the parking but what about the CC&Rs everyone signed? Parking is a vicious issue that goes around and around. | | | |
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| | Bob J
Posts:112
| | 09/13/2007 10:38 PM |
Alert | | The CC&Rs that everyone signed do not cover the parking since the builder turned over the streets of Acacia Crossings to the City of Maricopa back in 2003. These are municipal (public) streets and are controlled by the City, not the HOA CC&Rs. Parking may be a vicious issue, but does not go round and round (whatever that means), and the buck stops with the City of Maricopa, and not with any CC&Rs of Acacia Crossings. Acacia Crossings cannot and WILL NOT enforce any parking regulations, but will refer you to the City for enforcement of any parking problems, everytime. AND, the City has not stepped up to the plate, they have not put any parking regulation signs, or speed limit signs or any kind. | | | |
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| | Bob J
Posts:112
| | 09/13/2007 10:51 PM |
Alert | | And further, parking regulations have to be posted first (as in NO PARKING SIGNS, and when parking is allowed), or they cannot be enforced. And that is the problem; you can't just say that "no parking is allowed, or you can't park overnight". Since there are no signs, you can park anywhere, and for as long as you want. Parking regulations have to be posted. | | | |
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| | Jason
Posts:3286
| | 09/14/2007 12:01 AM |
Alert | And, Jason, parking problems is not small stuff, and if the present size of the police can't be burdened with "small stuff" like this, then we need a bigger police force.
By small stuff, I mean in comparison to motor vehicle accidents, domestic violence, stuff like that. 
Since there are no signs, you can park anywhere, and for as long as you want. Parking regulations have to be posted.
This is not completely true. The CC&Rs that you agreed to can stipulate that you not park on the public street. That agreement is a contract that homeowners agree to abide by. They can fine you according to the rules of the contract, just like they can fine you for a weed on your private property. They could not, however, effect towing of the vehicle. Essentially, when signing that agreement, you forfeit your right to park on the street.
Now, if they wanted absolutely no one to park on the street, they would have to put up no parking signs, because visitors did not agree to abide by the CC&Rs, they could not otherwise be expected to not park on the street.
Now, with that aside, there are things you absolutely cannot do. You cannot park on the sidewalk, you cannot park facing the wrong direction, you cannot park more than 18" from the curb or park in any other manner that violates city or state code and law. There are no signs required for these items.
or speed limit signs or any kind.
Speed limit signs are not required unless they wish to raise the limit above 25 MPH. As for putting up no parking signs, of course the city doesn't want to do that. That would prevent anyone from parking on the street, including visitors.
Does that help? | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/14/2007 12:05 AM |
Alert | And you could not park for as long as you want either:
28-4831. Abandonment prohibited
A person shall not abandon a vehicle on any street or highway or on any other public, federal, state trust, national forest, state park or bureau of land management land or private property. | |
Joined: Jul 2005 | |
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| | Bob J
Posts:112
| | 09/14/2007 7:23 AM |
Alert | | Speed Limits? I've seen cars breezing down the streets here as if they were driving on the 347. And, I've been talking about "regulatory" signs, and there are none. None, PERIOD! Regulations have to be posted, or they cannot be enforced, and that is state law, too. | | | |
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| | maricopacabana
Posts:306
| | 09/14/2007 8:27 AM |
Alert | | The poplice will not enforce overnight parking isssues. There is no law against that in Maricopa. They will enforce parking on the sidewalk and parking in the wrong direction since that is, and no signs need to be posted for that since that wil be a code that covers the entire city not just specific areas. They will only ticket if they happen to spot it. You can call to report these issue and thy will eventually send an officer by based on call priority. | | | |
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| | azreplant
Posts:217
| | 09/14/2007 9:07 AM |
Alert | Posted By Bob J on 09/14/2007 7:23 AM
Speed Limits? I've seen cars breezing down the streets here as if they were driving on the 347. And, I've been talking about "regulatory" signs, and there are none. None, PERIOD! Regulations have to be posted, or they cannot be enforced, and that is state law, too.
Have you ever heard of "Prima Facia" speed limits? Those limits are in force when posted limits are absent. And yes, they CAN be enforced.
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<=== Galaxies In Collision | |
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| | Jason
Posts:3286
| | 09/14/2007 10:05 AM |
Alert | You can call to report these issue and thy will eventually send an officer by based on call priority.
Or you can call Brian. He was out within a few hours of my voicemail once, now that's service!  | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/14/2007 10:10 AM |
Alert | Bob J, there is no requirement of signs for your HOA to enforce violations against you if you park overnight on your street. The reason is that you agreed to a contract stating that you would not park overnight, therefore, no sign is required to make you aware of your contractual obligations. If you violate that contract, they can fine you according to the rules of contract violation as set forth in your contract. For example: If your contract required that all homeowners operate only green cars within the neighborhood and you brought in a white car, that would be a contract violation. It doesn't matter if there aren't any signs and it doesn't matter that it is on public property.
Does that help clarify? | |
Joined: Jul 2005 | |
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| | 06woman
Posts:356
| | 09/14/2007 5:10 PM |
Alert | | This is why I think HOAs are communist organizations. | |
"Happiness is a journey...not a destination."
"The highest form of ignorance is to reject something you know nothing about." -
Dr. Wayne W. Dyer
This is my son and a Lake Erie sunset. July 8,2007
Senior Member
Posts: 2268
Joined: May 2006 | |
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| | alyblueyz
Posts:44
| | 09/23/2007 9:57 PM |
Alert | What about this???:
http://www.thenewspaper.com/news/16/1641.asp
Arizona: Bill Bans HOA Parking Tickets on Public Streets
The Arizona Senate voted overwhelmingly in favor of legislation to prohibit homeowners associations from restricting the use of public streets.
The Arizona state Senate voted 27-1 on Monday to pass a bill that nullifies homeowners' association restrictions on public street parking. State Senate Judiciary Committee Chairman Chuck Gray (R-Mesa) had introduced the legislation to stop associations from banning certain types of vehicles from city-owned streets within a planned community.
"An association has no authority over and shall not regulate any [public] roadway," the bill states.
The measure also would prevent associations from issuing private speeding tickets to homeowners. It now heads to state House for consideration.
Article Excerpt:
State of Arizona Senate
Forty-eighth Legislature, First Regular Session, 2007
SENATE BILL 1360
AN ACT
amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33-1815; relating to planned communities.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1815, to read:
33-1815. Community authority over public roadways
Notwithstanding any provision in the community documents, an association has no authority over and shall not regulate any roadway, easement or other area for which the ownership or use has been dedicated to a governmental entity or that is otherwise under the legal authority of a governmental entity. An association has jurisdiction over only those roadways, easements and other areas that remain under the ownership of the association.
AND THIS:
Per Goldschmidt Law Firm, Tucson
Enforcing Association Parking Rules. The Association can enforce parking restrictions in its parking areas, as well as on its private streets. The Association may also enact and enforce rules that control parking on private lots (e.g., restrictions on parking in yards).
If your Board wants to be able to tow non-compliant vehicles, proper signage is a prerequisite. Generally, the Association is deemed to have given consent to unrestricted parking by the general public on common area streets, unless signs are posted that are clearly visible and readable from any point on the streets, and at each entrance to the community. These signs must contain, at least, the following information:
1. Restrictions on parking (Number of hours, times of the day, etc.).
2. Disposition of vehicles found in violation of the parking restrictions (Where the vehicles will be towed).
3. The maximum cost to the parking violator, including storage fees and any other charges that could result from the disposition of the vehicle.
4. The telephone number and address where the violator can locate his/her vehicle after it has been towed.
Be aware that a towing company cannot tow a vehicle from private property without the permission of the owner of the vehicle, unless the towing company either receives a request from a law enforcement agency, the express written authorization of the property owner (or the owner’s agent), or a court order granting the Association the authority to go onto the property and remove the vehicle. The Association typically is the property owner of the common areas and can authorize towing from those areas.
When setting up an arrangement with a towing company to enforce the posted rules, the towing company will want a copy of the Association’s Covenants, Conditions, and Restrictions, or a copy of the Rules of the Association that shows the parking restrictions. The company may charge the Association a retainer. The Association is responsible for procuring and posting the necessary signs. The towing company will only accept direction from authorized individuals, usually members of the Board of Directors, or a property manager, if applicable. Calls from non-authorized individuals will not be acted upon by the towing company.
What options are available to your Association in enforcing its parking rules? What can you do to legally remove an abandoned vehicle?
Abandoned Vehicles. If a vehicle has been left unattended for 48 hours on a public street or for 72 hours on a common area street or parking area, it is considered abandoned under the Arizona statutes. One way of determining whether a vehicle is abandoned is to place a dated form or a sticker on the vehicle which states that, if the vehicle is not moved within the required time period, it will be deemed abandoned and will be towed. If a vehicle is stored on a private lot, it shall not be deemed to be an abandoned vehicle under state law.
Once you have determined that a vehicle has been abandoned on a street or parking area within your community, how do you get rid of it? You can call the police or sheriff’s department and report the abandoned vehicle. An officer who has reasonable grounds to believe that a vehicle has been abandoned may have that vehicle towed. Alternatively, the Association can have the vehicle towed. An authorized Association representative must complete a “Vehicle Removal Written Authorization” form, provided by the Arizona Department of Transportation Motor Vehicle Division. This form is available on their website, http://www.dot.state.az.us/mvd/formsandpub/. The form must then be submitted to the Abandoned Vehicle Unit of the Motor Vehicle Division. Generally, tow truck drivers will have copies of this form with them. The Owner of the vehicle is ultimately liable for any reasonable costs incurred in towing or storing the vehicle, however, the Association will be responsible for paying the fee to the towing company to have that vehicle towed.
Well ?
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| | Bob J
Posts:112
| | 09/24/2007 6:46 AM |
Alert | | As I read this, I understand that it is up to the City of Maricopa to put up the signs on the city streets. Are they (the City of Maricopa) willing to do this, since the residential areas have practically no signs at all, mostly stop signs, and must cover hundreds, if not thousands, of miles. | | | |
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| | maricopacabana
Posts:306
| | 09/24/2007 11:24 AM |
Alert | <div class='NTForums_Quote'>Posted By Bob J on 09/24/2007 6:46 AM
As I read this, I understand that it is up to the City of Maricopa to put up the signs on the city streets. Are they (the City of Maricopa) willing to do this, since the residential areas have practically no signs at all, mostly stop signs, and must cover hundreds, if not thousands, of miles.</div>
The City will put up signs only for their own codes. Go to http://www.cityofmaricopa.net/clerk/Code/12-Traffic.pdf and you will see the Current parking Code. A new one is coming soon. As far as overnight parking this is something the city will not be enforceing since it a HOA rule. The city can and will ticket for parking in the wrong direction or parking on the sidewalk. | | | |
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