New law restricts HOAs

Liz Kotalik

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New law restricts HOAs

CREATED Apr. 26, 2013

Reporter: Liz Kotalik

TUCSON (KGUN9-TV) -  Parking is a big issue when it comes to homeowners associations, but now, there is a new law limiting what HOAs can fine residents.

A Nine on Your Side viewer, Luis Garcia, reached out to us when he got tagged for a number or parking violations in his neighborhood on the northwest side, but the new law does not apply to him.


Garcia says he gets at least one letter from the Casa Adobes Terrace Homeowners Association per week.

Oil stains, old paint, weeds, but there's one violation that is in the spotlight today.

"I had a birthday party for my daughter this weekend," Garcia said. "Every single car that was here got a note that they were in violation, when a few days ago prior to the party I called the office to notify the office that I was going to have a party here."

A common homeowners association statute says only guests are allowed to park on the street.

Nine on Your Side contacted C.A.T.H.A., and president Richard Baumann said their policy clearly states owners have to register all their cars in order to avoid getting fined.

"It does allow for guests or visitors or vendors to park on the street for a reasonable time."

Baumann said Garcia will not be fined, and was never going to get fined, for his party.

He said C.A.T.H.A. told Garcia this, but Garcia says he hasn't been able to get ahold of them.

It's a he-said-she-said that isn't uncommon for home owners association and their members.

But starting next year, a new Arizona law will change the parking rules from here on out.

In a statement to Nine on Your Side from the sponsor of the bill, State Senator Nancy Barto:

"All new HOA communities built in the state will have to respect the will of the public by ensuring they can park on city/county owned-streets."

But for Garcia, it doesn't apply, which he said is frustrating.

While State Senator Barto agrees, she says the best she could do was to move forward.

When Nine on Your Side asked Baumann if he thinks the law is warranted, said he understood why it would be passed.

He said although there may be HOAs that take advantage of their rules, C.A.T.H.A. is not one of them.