Can A Homeowners’ Association Restrict On-Street Parking?
Can your HOA issue you a violation for parking on a public street in front of your own house? Under Arizona HOA street parking law, your HOA’s ability to control public streets depends on when your community’s Declaration was recorded and, for older communities, whether your association voted by the statutory deadline.
Many Arizona HOAs lost their ability to control street parking in 2025, with no mechanism in the law to restore that authority.
Arizona Law Limits HOA Power Over Public Streets
Under A.R.S. § 33-1818, if the period of declarant control has ended, a planned community whose Declaration was recorded on or after December 31, 2014 generally does not have authority to regulate public roadways.
If a street is owned by your city or town, rather than by the HOA or other private parties, a community recorded in 2015 or onward likely can’t regulate parking on that street.
HOAs may still enforce parking rules on private streets, however. A.R.S. § 33-1818 also does not cover one-way streets, regardless of who owns them.
What Changed for Communities Recorded Before 2015
The new law’s restrictions on HOA control over public roadways applied automatically to communities recorded after December 31, 2014. Meanwhile, communities that were recorded before January 1, 2015 and that exercised their right to regulate parking on public roadways before this date were required to call a membership meeting to vote on whether to keep this right by June 30, 2025. These changes may also affect homeowners dealing with HOA Foreclosure Rights, Easement Law, or Buyer/Seller Contract Disputes.
If there was a quorum and a majority voted yes, the association retained the right and was required to record their decision with the county recorder.
However, if they didn’t vote or call the required meeting, the association immediately lost the right. Any association rules regulating parking on public streets expired at this time. Many associations took no action.
The cutoff date for the vote has already passed, freeing homeowners from needing to anticipate their association’s actions. You can simply check the records to see what happened.
How to Find Out If Your HOA Still Has Parking Authority
If you’re wondering if it’s safe for you to park on a public street, your first step is to figure out when your community’s Declaration was recorded. If it was filed after December 31, 2014, then your HOA likely won’t be able to enforce parking regulations on public streets once declarant control ceases.
If your community was recorded before 2015, ask the association to provide you with records indicating that they conducted the required membership meeting and voted by June 30, 2025. You’ll want to ask for the vote tally and confirm if they met quorum. As a homeowner, you have the right to request these records under Arizona HOA laws. This right to access records may also be relevant to Real Estate, Foreclosure, or Neighbor Dispute matters.
Additionally, confirm with your local government if the roadway is publicly or privately owned.
When Parking Enforcement Crosses the Line
Even if an association legally has the power to manage parking, their enforcement actions must stay within the limits of their governing documents and Arizona law. Selective, arbitrary, or discriminatory enforcement is a legal issue separate from the validity of the parking rule itself. Associations also need to provide homeowners with required notices and the opportunity for a hearing before levying fines or other penalties.
Has your HOA overstepped its bounds? Reach out to a skilled HOA attorney for assistance.
Hire a Trusted HOA Lawyer
If you’re one of the approximately 2,249,000 residents of Arizona’s over 10,100 community associations, you may have experienced unlawful treatment from your HOA without even knowing it. Harper Hall PLC is here to help you with your HOA case, so don’t hesitate to contact us to hire an HOA lawyer. We have almost three decades of experience working with clients across Arizona.
