Up until now, homeowners associations (HOA) throughout Arizona have been able to set the rules for parking when it came to their neighborhood. With a new law that was passed in April of 2013, future HOA communities will find it a little difficult to set the rules on how those in their community will park.

The recently-passed bill (SB 1278) was initiated by Nancy Barto, a Republican senator. While she may have not had run-ins with HOA imposed fines, she had caught wind of the problems faced by some homeowners. There are many cases of people receiving fines—which may range from $50 on up to over $1,600—due to where they parked at their own home.

The new law (which was five years in the making) was passed by Governor Jan Brewer, and will now take effect. However, it does not impact already existing HOA communities. Existing HOAs can continue to create rules and regulations regarding the parking within their community. The new law will only impact HOAs formed after 2014. Therefore, all new communities that are being built or are in the planning stages will not be able to dictate parking rules for their residents.

What does this Mean for you?

What does this mean for those who live in those communities, as well as the HOAs? It all depends on which side of the table you are on and how you feel about parking rules within your neighborhood. The HOA has the tough job of maintaining the quality of their community; many see parking in the streets, overnight, or on the grass as an eyesore, hence the rules regarding parking.

On the other hand, numerous residents find it difficult to even have company visit without breaking the rules, and don’t want to wake up to HOA-imposed fines for having parked in the street in front of their home. Not all residents are opposed to HOA parking rules, either. Many residents support the parking rules, and may even be active in notifying the HOA of parking violations.

One change that current HOAs may see take place is the increased interest of their community members, unhappy about parking rules, looking to move to a newer neighborhood. Fed up, they may sell and move into a community where they can park where they please. But HOAs shouldn’t worry too much, because for every homeowner that is against the parking rules, there are others ready to buy their homes who will likely support parking rules. Now, with this new law, there will be an option for those homeowners who have strong feelings regarding the parking situation one way or another.

New HOA boards will need to take notice of SB 1278 though, and keep it in mind as they ready the Covenants, Conditions and Restrictions that will govern their communities. While it doesn’t impact existing HOA communities, it will help if board members are aware of the new law, as it may prompt homeowners to begin asking questions and suggesting changes in current parking rules.