AZ Single Family HOA With Ban On Pickup Truck Parking

Started by TomP2 • 6 replies • 2439 views

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TomP2 (Arizona)
Posts: 28

Posted:

We are a small SF HOA in Arizona. Our CC&Rs have a clause that allows some types of personnal vehicles to park outside of a garage so long as they are noncommercial, but specifically states that pickup trucks shall be parked inside a garage.I have searched through this board and read what I could find where this exclusion of pickup trucks has been discussed in the past. I didn't find anything newer than 2007-08 though. Most of the discussions centered around Florida, and I think there was one Texas discussion. There were links to articles to cases in Coral Gables and Odessa FL where bans on parking pickup trucks either changed by vote or by court judgement.

I also found the page at Adams Kessler where a court judgement ruled that noncommercial pickup trucks cannot be banned in California Common Interest Associations.

I am wondering if anyone is familiar with similar discussion of pickup truck parking in Arizona? Does anyone know if this specific item has ever been fought in the AZ courts? Has anyone ever had to enforce such a ban in their Association?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Sounds like someone here owns a pickup truck they want to park in their driveway. Let's start with that before we bring in the law or the government. Did you get a violation notice for it?

If you don't like the rule and the other residents don't either then you all can CHANGE the CC&R's to remove this reference. A HOA rules are created by the owners for the owners. If the majority doesn't want to enforce a rule or don't want it, the documents allow for you all to change them. It's just best to see what you all can do about updating and upgrading your documentation. I recommend doing this every 5 to 7 years anyways.

It is a big project but a better option that bringing in a lawyer and suing your HOA. If the rule doesn't work, then work on removing it.

Former HOA President

TomP2 (Arizona)
Posts: 28

Posted:

Nope, don't own a truck. As a member of our BOD I am curious if anyone has resent experience, especially in AZ, with enforcing this restriction. I am trying to broaden my perspective only.

BrianB (California)
Posts: 2,820

Posted:

can't help you much more than the previous advice, but I would look carefully at the article and court case you mentioned, because it seems "odd". There are no "non-commercial pick up trucks" in california, because California classifies all standard pick ups as commercial vehicles.

something doesn't sound right about a case where a judge would say "non commercial truck".

LarryB13 (Arizona)
Posts: 4,099

Posted:

Tom,

That is a weird restriction considering that nearly every family in Arizona has at least one pick-up. Your CC&R's must have been written by some out-of-state developers.

By comparison to other states, Arizona is pretty lenient towards pick-up truck owners. If a pick-up is not used commercially, it gets plain old license plates although there used to be a special non-commercial plate. There is no requirement for placards that list the GVW and/or operators' names. No special driver's licenses.

What happens when someone shows up with a Chevy Avalanche that is touted as being convertible from a pick-up to an SUV?

I am not aware of any HOA-versus-pick-up cases in Arizona. There are state statutes preventing HOA's from banning certain vehicles, but those are cars and some trucks belonging to police, fire, and utility workers.

JH3 (Maryland)
Posts: 67

Posted:

Are you sure it is the CCRs that are banning the truck? Its possible, but I normally see this ban in parking policies and not the CCRs.

The reason I ask is that a parking policy can easily be changed by the board, whereas the CCRs can only be changed by the members.

Also, it sounds like pickups are incredibly common in AZ? Your CCRs have to be fair & reasonable. So then the question is, is a ban on pickup trucks reasonable? If a rule is unreasonable, then it has no grounds for enforcement.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tom

There have been plenty of discussions on what is a commercial vehicle but I have never seen a ban on pickup trucks as such unless they were considered/proven to be a commercial vehicle,

Two identical say Ford F-150's but one has business signs, racks of equipment, etc. on it, then that one is a commercial vehicle and many associations do ban overnight parking of this commercial vehicles whereas the other Ford-150 sits parked in the driveway overnight.

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