HOA documents such as Covenants, Conditions and Restrictions (CC&Rs) often provide authority to regulate street parking in their communities. Such HOA regulation is arguably appropriate where the streets are owned by the HOA. Where the streets are public, the issue has not been clear. It seems sensible that a HOA can exercise authority over only its own streets and not public roads. But some HOAs disagree and are supported by their CC&Rs which give them this authority. Arizona has a recent statute, ARS 33-1818, that is intended to help. It provides rules that apply to HOAs after the initial period of declarant control expires.

For newer HOAs, where the declaration was recorded after December 31, 2014, an association has no authority over and shall not regulate any roadway dedicated to or held by a governmental entity. This is true no matter what the HOA CC&Rs provide.

For HOAs where the declaration was recorded before January 1, 2015 and where the CC&Rs provide for HOA regulation of the public streets, the existing regulations will remain in effect until:

1. There is a valid HOA meeting where the members can vote to continue HOA regulation of the public streets. Provided a quorum is present, a majority vote is needed to continue HOA regulation. If the vote is in favor of continued regulation, the HOA board shall record in the office of the county recorder a document confirming that the HOA continues to regulate the public streets. This meeting must occur no later than June 30, 2025.
2. If the vote fails to approve continued regulation, or if no vote occurs on or before June 30, 2025, the HOA will no longer have the authority to regulate parking on the public streets and roadways and any existing HOA regulations to the contrary will expire.

This is not perfect and certainly is not as simple as many would like, but it does provide certainty to homeowners living within an HOA as to what the street parking rules are.

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