ARIZONA STATUTE ON TRUCK PARKING IN HOA

When were your restrictions written? Because it seems like it's very common for most families to own a pick-up truck nowadays. Commercial vehicle bans are a different story. I'd guess you'd have trouble enforcing that in court, might be looked at as unreasonable.

Along with Tim's mention that the driveways might be exclusive use common areas, which is different than common areas, It's also possible that there are different laws in different cities/municipalities. You might try googling: Truck parking in driveways in Your City/Town, AZ.

John,

That's all I could find with a quick look. It also applies to utility companies and other public service corporations. Joanne never said what type of truck it was, so I didn't know if it would fit that statute or not.

As I said, if someone tells me something is violation of a statute, I ask them to provide the statute rather then trying to find it myself.

Thankful to all who replied.....the trucks I am referring to are regular pick-up style, open bed without advertising or any identification on them so that rules out government vehicle etc. Here is the wording in the CC&R's which are found to be vague and deficient in many other areas. I might also add that the HOA privately owns the streets and no overnight parking of any kind is allowed on them according to the documents:
"Article ll Use Restrictions, Section 8 Trucks, Boats, Cycles, Campers
Except for trucks, vans or trailers belonging to persons doing work in the Development during daylight hours (or at other times during emergencies) no trucks, buses, vans, trailers, boats, antique cars, campers and similar type vehicles or equipment shall be kept or parked in the streets or driveways (or any other place except as hereinafter stated) and any other such equipment or vehicles shall be kept or parked only in the garages or carports, or in such other area as the Board may specifically prescribe in writing by its rules and regulation. Except for antique cars, this section does not apply to "passenger automobiles, including station wagons."

This came up in another HOA I lived in and the Board determined anything with an "open Bed" regardless of brand was a truck.I apparently cannot force my HOA to get a legal opinion but I am tired of looking at these trucks if in fact they are not permitted to be here. This has nothing to do with "social status" but the look of our community. Any light on this would be appreciated or I will have to keep pushing for the legal opinion.
Thanks again.
Joanne

Joanne,

Good luck trying to enforce those restrictions about trucks and vans.

The problem is that "trucks" includes everything from the smallest import vehicles to over-the-road semis. In Arizona, nearly every household has at least one pick-up truck and most of those are licensed just as if they are passenger cars; that is, with non-commercial plates. Since the state recognizes pick-up trucks as being passenger automobiles, by issuing the same kind of license plate to both, you would have an uphill battle trying to argue that they may not park in your association.

Since this seems to be such an issue why not bypass the HOA and seek direct enforcement of the covenants? You seem to be sitting around waiting for others to act instead of using the tools you have to enforce the rules yourself. All you need to do is apply for an injunction at the superior court, prove your case with a preponderance of the evidence, and walk out with a court order in hand.

Joanne, several years ago we had a poster DonnaS from FL (later TN) who went through this exact same thing. A few people insisted the Board enforce the "no trucks in the driveway" portion of the CC&R's against a few that had them, after protracted and expensive litigation, the courts ruled they were indeed passenger vehicles and allowed.

Thanks again for the responses. I agree that the times are a changing' and not for the better.

Thanks John.

JohnB,
I was going to say the same thing but knew I wouldn't have to (you'd say it sooner or later).

What year were your restriction written? Those vehicles are so common now, IMO even if you push the issue you probably won't win. You may push them to simply update the governing documents to permit the trucks and it may cost your HOA money to do that. You need to know how many people you would have on your side in order to be realistic with your expectations.

http://farm1.staticflickr.com/210/521412700_48cacec3d6_z.jpg

I give up

Do you know what year were your documents written and recorded?

That's what I thought. IMO that would make a difference should the matter end up in court. It would be expensive to find out.