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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2196
Experience:  Experience in residential real estate and commercial leases.
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Our HOA Board is allowing a new neighbor to park a huge RV

Customer Question

Our HOA Board is allowing a new neighbor to park a huge RV on their driveway, which obstructs our views from our living room and front door as we are on a small cul de sac. Our CC&Rs state No motor vehicle, travel trailer, etc may be parked on any lot if it visible from neighboring property. The Board is allowing a three day parking period to load/unload the RV. However these people are in and out constantly and not just the usual once or twice a year that most people use RVs.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Arizona
JA: Has any paperwork been filed?
Customer: We had sent e-mails to the board three times comlaining. They told us to only complain on the regular complaint form and only after the RV is parked for more than three days at a time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The only concern is the sentence at the bottom of the CC&R rule which states ...Additionally, the Association may promulgate additional Rules relating to parking within the Association. Does this mean the Board can change the rule or doesit require the Association members to vote in order to change the rule?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 month ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. I am an Arizona licensed an Arizona licensed Attorney and it will be my pleasure to assist you.

Expert:  Attyadvisor replied 1 month ago.

You stated that at this time your CC&R's prohibit RV parking. When a board does NOT enforce the CC&R's this is not only a breach of their fiduciary duty to all owners it is what is referred to as "Selective Enforcement"

The only concern is the sentence at the bottom of the CC&R rule which states ...Additionally, the Association may promulgate additional Rules relating to parking within the Association. Does this mean the Board can change the rule or doesit require the Association members to vote in order to change the rule?

I totally understand your concern. I am not a fan HOA's. They were a good idea in theory but in practice the are selective and abusive.

We need to see the procedure set out in your governing documents that is required for promulgating or amending existing rules and regulations. The BOARD MUST follow the procedures as required in the governing documents.

Expert:  Attyadvisor replied 1 month ago.

These are all the laws that govern every HOA in AZ:

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.


  • State laws affecting Common Interest Communities vary widely.
  • Bills affecting Common Interest Communities are frequently being introduced in state legislatures and may be in different stages of consideration, approval, or enactment.
  • It is not uncommon to find conflicts within or between governing documents such as the covenants and the bylaws. There may also be conflicts between governing documents and statutes. When this occurs, attorneys must often consider applying Rules of Intepretation.
  • Because of the wide variance in state laws, constant changes and possible conflicts in governing documents or statutes, it is strongly recommended that association boards and members seek legal counsel and especially with firms that have expertise or strong practice experience in the area of Common Interest Community law. A good starting point is to check the HOA-USA Partner Directory for your respective state.

Arizona Laws:

  • Nonprofit Corporation Statutes generally apply to any incorporated Common Interest Community. In Arizona, look to the Arizona Nonprofit Corporation Act (A.R.S. 10-3101 et seq.) Title 10, Chapters 24-40
  • Arizona Revised Statutes, Title 33 - Property, Chapter 9 - Condominiums, Articles 1-4
  • Arizona Revised Statutes, Title 33 - Property, Chapter 16 - Planned Communities, Article 1"

"Amending the CC&R’s or Rules and Regulations

The procedures for amending the governing documents vary among HOAs, and are determined by the documents themselves. If the aim is to give the HOA enforcement powers, most likely an owner will need to amend the CC&Rs. This tends to be a difficult process. Many CC&Rs require a majority or unanimous consent of the members (the homeowners) for an amendment. However, if the requirements are met, the homeowner could, for example, amend the CC&Rs to give the HOA the ability to fine or sue a violating homeowner, or to enter onto a homeowner’s property to remedy a rule violation.

If the homeowner proposes to amend a rule in the Rules and Regulations (not in the CC&Rs), this process will likely be easier. For example, the Rules and Regulations might require only a vote of the board of directors of the HOA to amend them. If the relevant amendment requirements are met, the Rules and Regulations could be amended to, for example, change a discretionary rule into a mandatory one. So, in the case of the rule about bright colors, the homeowner might wish to propose an amendment to specifically prohibit painting a home any shade of purple.

Since amendment procedures can be complicated, it’s helpful for the homeowner to work with an experienced attorney to determine the steps required, and to increase the chance of a successful amendment."

Expert:  Attyadvisor replied 1 month ago.

Are you online with me?

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my time and work I would appreciate it.


Expert:  Attyadvisor replied 1 month ago.

Can I answer any additional questions for you? There is a governmental entity in Arizona that will take a complaint with regard to your HOA this is the link

The Attorneys on the site do not receive credit for our time and work unless the customer rates our service positively. Thank you for your consideration.

Expert:  J. Warren replied 1 month ago.

Hello I am new contributor as the other expert opted out of the question. Attyadvisor is correct with regards ***** ***** following the governing documents. There is risk given the language you presented for this to be interpreted that the HOA can unilaterally change rules relating to parking. However, a significant change would unlikely be permitted. Making concession such as allowing packing and limited days is likely to be upheld. However to abolish the rule of preclusion of RV parking would likely not be upheld.

The unfortunate reality is that unless the HOA's board will listen to your complaints and enforce its own rules, you must force its hands by filing a lawsuit.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

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