HOA Board Blog

Question:

Our CC&R's limit regular parking in our complex to the homeowner's garages or driveway. How can this be enforced since the streets in our community are public? What can we do legally if cars are consistently parked in our streets, and we cannot identify the homeowners responsible?

Answer:

When homeowners buy into your community they have entered into a contract with the HOA, which includes the CC&R's. Since the CC&R's say you can't park in the street then the HOA has the authority to restrict parking even on public streets.

Enforcement is not an easy thing. First, be sure that you let all the homeowners know that parking on the street is not allowed through a letter or newsletter. Once you have done a community wide education effort then it is time to enforce this restriction on an individual basis.

One method is to put stickers or flyers on the vehicles that state they are not to park on the street. It may be as simple as they don't know they are not allowed to park on the street. Another method is to send violation letters to the homeowner that the vehicle is parked in front of. If you have sent it to the wrong person then they tend to let you know and will also let you know whom it does belong to. You must be careful since visitors are usually allowed to park in the street.

Parker Finch Management represents over 70 HOA Associations in Phoenix, Scottsdale, Surprise, Mesa, Gilbert, Chandler, Apache Junction, Avondale, AZ, Las Vegas, NV and Denver CO.

Question:

One of our owners is complaining about 2 barking dogs outside of our complex from a private residence backyard (adjacent house). This resident wants the association to pursue a formal complaint with the city about the barking dogs. I feel this is an individual issue not falling under the responsibility of the association. However, this nuisance does impact the quality of life for 1 or more of our residents and may have a long-term negative impact on resale value of this/these units if not addressed. How do you suggest we as an association should pursue this, if at all? Thank you in advance for your assistance.

Answer:

Your question is a common one. The answer depends on how much time the board, community manager, and you want to spend on dealing with barking dogs. Phoenix has a noise ordinance and I believe a barking dog hotline that is available for people to call. Based on the information you gave, the Association has no obligation to follow through on this situation. This noise is coming from outside the community. The association shouldn’t be expected to control problems that originate from outside their borders. If it is bothering the homeowner, it is the homeowner’s issue and they should deal with the problem themselves. It sounds to me that the homeowner wants the HOA to take care of their problem and in this case it is not a valid request.
On the other hand, if you have the time to assist in this matter, there is nothing stopping you from assisting in trying to find a solution to this problem. Personally, I think there are more appropriate things to work on other than barking dogs. Neighbors need to try to be more responsible when it comes to dealing with neighbor problems, like barking does. So it comes down to, it is your choice to make on whether to have the HOA involved in this problem or not, but the HOA is not obligated

Parker Finch Management is a leader among HOA community and property management companies in the Phoenix metropolitan area.

Question:

What types of reserve funds may a homeowners association maintain within the law. Are these reserves taxable?

Answer:

I am not sure what you man by what types. Typically, there are two reserve types, regular reserves and working capital reserves. Regular reserves usually covers large capital assets of the association like clubhouses, streets, and pools and accumulate over time for when the association needs it. Working capital reserves are for items in your operations like insurance that will get paid once a year. Some associations want to pull out of operations the amount to pay for these items and put it in an interest bearing account for a better return. Depending on the amount of interest, it usually is not taxable.

Parker Finch Management is the HOA community manager for over 50 associations in Arizona.