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| | Author | Messages | |
alyblueyz
Posts:44
 | | 09/24/2007 1:42 PM |
 Alert | Read this again, please.
State law takes Precedence OVER HOA LAW, and invalidates that particular
portion of the contract!
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.
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| | maricopacabana
Posts:306
| | 09/24/2007 2:07 PM |
Alert | | Nobody is disputing this. | | | |
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| | sysadmin
Posts:102
| | 09/24/2007 2:42 PM |
Alert | | I think it is pretty funny that Jason says we have to follow the CCR's because we signed them but did we not sign the same kind of agreement with the state when we got our driver's license? I do belive there is a statement in there that we would follow all of the traffic laws and this would include following the speed limit no matter if we agree with it or not. | | | |
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| | alyblueyz
Posts:44
| | 09/24/2007 4:51 PM |
Alert | <div class='NTForums_Quote'>Posted By maricopacabana on 09/24/2007 11:24 AM
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.<div class='NTForums_Quote'>
Do ya REALLY STILL think the HOA Can enforce that?????????? I cannot truly belive you think so!!!!
And why is the "sidewalk issue" even in here, as I was dealing with PARKING ON THE STREETS! I merely encluded thte "abandoned vehicles" portion of the article so as to give people a rounded view of the ENTIRE ISSUE! The City can and will enforce "parking on the sidewalks". I kinda think that is intuitively obvious to any one, and really wasn't part of this issue.
Once more, repetition for EMPHASIS:
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.
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| | maricopacabana
Posts:306
| | 09/24/2007 5:41 PM |
Alert | <div class='NTForums_Quote'>Posted By alyblueyz on 09/24/2007 4:51 PM
<div class='NTForums_Quote'>Posted By maricopacabana on 09/24/2007 11:24 AM
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.<div class='NTForums_Quote'>
Do ya REALLY STILL think the HOA Can enforce that?????????? I cannot truly belive you think so!!!!
And why is the "sidewalk issue" even in here, as I was dealing with PARKING ON THE STREETS! I merely encluded thte "abandoned vehicles" portion of the article so as to give people a rounded view of the ENTIRE ISSUE! The City can and will enforce "parking on the sidewalks". I kinda think that is intuitively obvious to any one, and really wasn't part of this issue.
Once more, repetition for EMPHASIS:
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.
</div>
Once more for your benefit, no one is disputing your post, read mine again maybe it will sink in. It is reply to people who think the City will enforce HOA rules. I happen to be on the Committee that drafted the Cities future parking code so I am a little familiar with the cities position on this. The sidewalk parking was mentioned as something the City will enforce. This is something to consider even though you think you can control the scope of the subject. I also never stated that the HOA rules were enforceable so you are chasing your tail on that one. | | | |
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| | alyblueyz
Posts:44
| | 09/24/2007 5:46 PM |
Alert | I'm finding it very difficult to have a battle of wits with and un-armed person.
I'm finished on this thread! | | | |
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|  | maricopacabana
Posts:306
| | 09/24/2007 5:50 PM |
Alert | <div class='NTForums_Quote'>Posted By alyblueyz on 09/24/2007 5:46 PM
I'm finding it very difficult to have a battle of wits with and un-armed person.
I'm finished on this thread!</div>
Good, you argued with someone who supported your position. Have a nice day. | | | |
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| | Copa Conscious
Posts:379
| | 09/25/2007 1:09 PM |
Alert | <div class='NTForums_Quote'>Posted By maricopacabana on 09/24/2007 5:50 PM
<div class='NTForums_Quote'>Posted By alyblueyz on 09/24/2007 5:46 PM
I'm finding it very difficult to have a battle of wits with and un-armed person.
I'm finished on this thread!</div>
Good, you argued with someone who supported your position. Have a nice day.</div>
I am not sure if you know this or not......
But, the HOA doesn't own the streets.
HA HA | | | |
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| | Jason
Posts:3286
| | 09/26/2007 2:00 AM |
Alert | | . | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/26/2007 2:01 AM |
Alert | Posted By alyblueyz on 09/24/2007 1:42 PM
Read this again, please.
State law takes Precedence OVER HOA LAW, and invalidates that particular
portion of the contract!
This bill died in the House. As it stands, HOAs can enforce contractual obligations by homeowners for parking on streets.
Don't believe me?
Go here.
In the upper right, search for 1360. You'll find that it failed in the House. Also if you'll notice the big red text saying that the ARS entries have already been updated and if you go to 13-1815, it mentions nothing on roadways.
Sorry, but you're stuck with your contractual obligation for not parking on the street. | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/26/2007 2:02 AM |
Alert | Sorry, make that 33-1815, not 13-1815.
Second correction: It failed in the House Committee on Homeland Security and Property Rights. It is currently held in the House and is not law. | |
Joined: Jul 2005 | |
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| | maricopacabana
Posts:306
| | 09/26/2007 7:59 AM |
Alert | I was surprised that our king of the Wits didn't notice that.
The parking issue is a tricky one. How the CCR's are written can impact how enforceable they are. From what i have heard RED's can't be enforced due to the wording. RED has another issue where some of their streets are so narrow that if you have cars parked on both sides of the street a Fire Truck can't get through. That may result in some additional city code. Others are enforceable but the problem becomes how to enforce, what steps can be taken? This is where it can become problematic. | | | |
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| | sysadmin
Posts:102
| | 09/26/2007 9:36 AM |
Alert | | I still find it hard to believe that an HOA can fine some one for parking on a public street. Only law enforcement can cite you for parking on the street. | | | |
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| | Jason
Posts:3286
| | 09/26/2007 11:07 AM |
Alert | Posted By sysadmin on 09/26/2007 9:36 AM
I still find it hard to believe that an HOA can fine some one for parking on a public street. Only law enforcement can cite you for parking on the street.
They're not fining you for parking on the street, they're fining you for breaking your contractual obligations. If you don't like it you could either challenge it in court or not agree to the contract. | |
Joined: Jul 2005 | |
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| | sysadmin
Posts:102
| | 09/26/2007 4:32 PM |
Alert | | Either way they still can not enforce a it. Just like they can't tell you where to mount antennas,and solar panels. They also can't tell you what color that you can paint your house. The HOA's try to enforce this stuff ecause most people but in the end they really can't but they know they can get away with it because most people won't stand up for their rights. It won't be to much longer before the HOA's will try and tell you what you can have in your garage and how many vehicles you can have. I have seen HOA's go fr laom only monitoring commond areas to monitoring every ones front lawns and now they are trying to do the same with the backyards. There has never been proof that HOA's keep the value of your home up. | | | |
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| | Jason
Posts:3286
| | 09/26/2007 7:05 PM |
Alert | | . | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/26/2007 7:07 PM |
Alert | Posted By sysadmin on 09/26/2007 4:32 PM
Either way they still can not enforce a it. Just like they can't tell you where to mount antennas,and solar panels.
The only reason those things cannot be prohibited is because there are laws explicitly authorizing you to put them up. In absence of those laws, you would be free to enter into a contract prohibiting those things.
Likewise, in absence of laws allowing you to park wherever you want on residential streets, you are free to enter into a contract that states that you can't park on the street. Your only hope of recourse is to either get it changed or challenge it in court with the argument that the section is unconscionable. | |
Joined: Jul 2005 | |
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| | AzSandSlinger
Posts:374
| | 09/26/2007 10:29 PM |
Alert | Oh Jason... you can harp on and on and on and on about who has jurisdiction...
Point is this.. the HOA has NO WAY OR AUTHORITY to run plates... Sure.. they can send you a fine letter.. you write back and say "wasn't my car, don't know who's it is"... end of story..
unless the HOA can PROVE via MVD record (which they don't have the ability or authority to run) that the vehicle belongs to the homeowner they fined.. the issue is dead...
wanna test the system? How about I park my car in front of your house for a month straight and see who gets cited? public roads are public roads... shoot a PM to Brian Duncan and get the real scoop.. BTW.. it's not illegal for ME to park in front of YOUR house.. provided I don't block your driveway..
I hate street parking as much as the next guy.. but your wrong in this case...
-Shane | |
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Ultra Super Member
Posts: eleventy-billion
Joined: 10 Nov 1775
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"There are only two kinds of people that understand Marines: Marines and the enemy. Everyone else has a second-hand opinion."
Gen. William Thornson, U.S. Army | |
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| | Jason
Posts:3286
| | 09/27/2007 10:38 AM |
Alert | | . | |
Joined: Jul 2005 | |
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| | Jason
Posts:3286
| | 09/27/2007 10:42 AM |
Alert | Point is this.. the HOA has NO WAY OR AUTHORITY to run plates... Sure.. they can send you a fine letter.. you write back and say "wasn't my car, don't know who's it is"... end of story..
unless the HOA can PROVE via MVD record (which they don't have the ability or authority to run) that the vehicle belongs to the homeowner they fined.. the issue is dead...
Not true, that information is public record, just like your driving record.
public roads are public roads... shoot a PM to Brian Duncan and get the real scoop..
Again, this is a matter of contract law not an issue with the city or state. The HOA has every right to photograph the car in front of the house and haul you into court over a contract violation, as outlined in the contract. In this case, you'd end up in front of a judge with the HOA's lawyer questioning you, asking you if the car in the picture is yours.
I'm not saying that they'd actually do this, but they could...
I hate street parking as much as the next guy.. but your wrong in this case...
Ummmm...no. | |
Joined: Jul 2005 | |
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