Tuesday, August 29, 2006

Community Web Site Maintenance

Tri-City Property Management Services, Inc. is in the process of doing maintenance on the community web sites. There will be a slight change to the design from framed pages to no frames. This will help searching for items on the site and the world wide web much more user friendly. You may find your community site off line for a brief period of time. This means your site is currently being upgraded. It should only last a short period. We apologize for any inconvenience.

Richard K. Saathoff
Vice President
Tri-City Property Management Services, Inc.

Friday, August 18, 2006

Steet Parking

E K M A R K & E K M A R K, L.L.C.


[NOTE: This article is posted with permission by EKMARK & EKMARK, L.L.C.]

A question that often arises is whether an association has the right to enforce a restriction in the Declaration prohibiting parking on the streets within the association. If the streets within the association are private, the association clearly has the right to enforce a provision in the Declaration or Rules and Regulations prohibiting on-street parking.

Likewise, even if the streets within the association are public and the city permits parking on those streets, the association probably has the right to enforce a restriction in the Declaration prohibiting owners, residents and their guests from parking on the street. Although Arizona courts have not addressed this issue, other courts have found that the association may prevent parking on public streets. In these cases, the courts held that because the Declaration is a contract between the owners and the association, the owners are bound by the terms of the Declaration, regardless of whether the streets belong to the city. Therefore, the association could obtain an injunction prohibiting the owners from parking on the streets.

The Declaration will often have restrictions that are more restrictive than what is allowed by the city. For example, the association may deny architectural approval for a modification to a structure even if the modification does not violate any city code. The same philosophy applies to parking on the street. The association may prevent owners, and/or their residents or tenants, from parking on the street because the Declaration specifically prohibits parking on the street. However, the association probably cannot enact a rule prohibiting parking on public streets, if such restriction is not also included in the Declaration.

If you have any questions regarding this issue, please do not hesitate to contact us at 480-922-9292.

The information contained in this Homeowners Association Tip of the Week© is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel.
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6720 North Scottsdale Road, Suite 261, Scottsdale, Arizona 85253
Telephone 480/922-9292, Fax 480/922-9422
e-mail curtis@ekmarklaw.com