ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: RA DP 4-2-0-0

HB 2470: planned communities; authority; public roadways

Sponsor: Representative McGarr, LD 17

House Engrossed

Overview

Prescribes that a homeowners' association has no authority over a roadway after it transfers ownership of community roadways from the declarant to a governmental entity.

History

After the period of declarant control for any planned community that has a declaration recorded after December 31, 2014, an association does not have authority over and may not regulate any roadway for which the ownership has been dedicated to or otherwise held by a governmental authority (A.R.S. § 33-1818).

Laws 2023, Chapter 84 expands upon statute relating to community authority over public roadways and stipulates that existing regulations continue in effect until either:

1)   the planned community calls a member meeting on the question of whether to continue to regulate public roadways and it is approved; or

2)   if the vote fails or if the planned community does not hold a vote of the membership, the planned community no longer has authority to regulate public roadways in the planned community.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteApplies statute relating to community authority over public roadways to all planned communities. (Sec. 1)

2.   States that an association has no authority over any roadway after a governmental entity accepts the transfer of ownership of community roadways from the declarant. (Sec. 1)

3.   Makes technical and conforming changes. (Sec. 1)

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7.                     HB 2470

8.   Initials DC           Page 0 House Engrossed

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