Commercial and Public Service Vehicles

Started by LuciC • 5 replies • 1566 views

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LuciC
Posts: 32

Posted:

May a HOA have restrictions for commercial and public service vehicles parked on the streets (ours our private) and in driveways? Except for emergency vehicles (ARS 33-1809), it would seem prudent to have a guidelines for such vehicles as:

- taxis
- multicolored advertisment
- telecommunications sytems
- exterminators, such as the company with a yellow car and Mickey Mouse ears

etc.

Thanks
LuciC in Phoenix

MaryA1 (Arizona)
Posts: 7,043

Posted:

Luci,

Of course the HOA may restrict vehicles from parking on the streets. If your streets are private you have all the right in the world to restrict any type vehicle you choose, except those listed in ARS33-1809. The statute does not say HOAs with private streets are exempt from this law. Note that only public service and public safety vehicles are addressed in the statute; not commercial vehicles. If your CCRs do not contain parking restrictions then they would have to be amended which would require a vote of the members.

LuciC
Posts: 32

Posted:

Mary,

Thanks. Yes, our CC&Rs restrict parking, no overnights. However, it does not mention the type of vehicles. The other issue - driveways.

From ARS33-1809, I understood that the City of Phoenix is only concerned with restrictions for public service and public safety vehicles needed to respond to emergencies. However, our streets are too narrow to have a fire truck or ambulance parked on them.

I am going to contact the City of Phoenix for more information.

Luci

MaryA1 (Arizona)
Posts: 7,043

Posted:

Luci,

I doubt that any fireman is required to take a firetruck home and likewise for an ambulance driver. The law applies to those vehicles which are taken home by the employee. For example an SRP pickup (if required for emergency service) or a police car.

Since your CCRs do not designate what type vehicles cannot be parked on the street or in driveways overnight then the restriction is meant to apply to any type vehicle. If possible, could you post the restriction, word for word? Thx.

LuciC
Posts: 32

Posted:

Mary,

The reason we have the overnight restriction is because of the width of the streets and no street lights. Even during the day, when someone is parked on the street, the street becomes one-way traffic.

Section 7.25. Parking. Vehicles of all Owners and
residents and of their guests and invitees, are to be kept in
garages, carports, residential driveways of the Owner, and other
designated parking areas wherever and whenever such facilities
are sufficient to accomodate the number of vehicles at a Lot;
provided, however, this section shall not be construed to permit
the parking in the above described areas of any vehicle whose
parking in XXXXXXXX is otherwise prohibited or the
parking of any inoperable vehicle. Notwithstanding the
foregoing, vehicles may not be parked on the streets overnight.

Luci

MaryA1 (Arizona)
Posts: 7,043

Posted:

Luci,

IMO, the rule applies to any type vehicle, except that inoperable vehicles cannot be parked anywhere visible at any time. The BOD may want to adopt a rule which defines "inoperable". Parking on the street is restricted overnight and during the day only if the driveway is empty.

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