ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: GOV DP 8-1-0-0

HB 2298: planned community authority; public roadways

Sponsor: Representative Carter, LD 15

Caucus & COW

Overview

Stipulates a homeowners' association (HOA) whose declaration was recorded before January 1, 2015 has until June 30, 2025 to hold a vote to continue regulating public roadways or it will revert back to government control.

History

An HOA is an organization of property owners in a condominium or planned community. These organizations are created to operate shared areas of their respective communities and run by a Board of Directors (Board) that are elected by members and acts on their behalf (A.R.S. §§ 33-1202, 33-1802, 33-2001).

Currently, statute specifies that an HOA, whose declaration is recorded after December 31, 2014, has no authority over and cannot otherwise regulate any roadway owned or held by a governmental entity (A.R.S. § 33-1818).

Provisions

1.   States that an HOA whose declaration was recorded before January 1, 2015 and that regulates any roadway owned or held by a governmental entity continues to be in effect until either:

a)   The HOA holds a vote, no later than June 30, 2025, to continue to regulate public roadways and agrees to continue regulating public roadways in which case the HOA will retain its authority; or

b)   If the HOA holds a vote and it fails or the HOA does not hold a vote, the HOA will no longer have authority to regulate public roadways and any existing regulations will expire. (Sec. 1)

2.   Specifies that a quorum of owners is required in order to vote to continue the regulation of public roadways. (Sec. 1)

3.   Directs the Board to record a document in the Office of the County Recorder confirming that the HOA continues to regulate the public roadways if applicable. (Sec. 1)

4.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAmends the applicability date from December 31, 2014 to January 1, 2015. (Sec.1)

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8.                     HB 2298

9.   Initials FK/BSR     Page 0 Caucus & COW

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