HB2298, which amends A.R.S. Section 33-1818 of the Planned Communities Act (it does not apply to Condominiums) was signed by the Governor on 04/18/2023. This new law will impact regulation of public roadways within Planned Communities.
It is important to note that the substantive requirements set forth HB2298 only apply if your Planned Community meets all of the following criteria: (1) the Planned Community is no longer under Declarant control; (2) the CC&Rs were recorded before January 01, 2015; (3) the CC&Rs include on-street parking regulations; and (4) the roadways within the community are public.
If your Planned Community meets all 4 requirements, the existing on-street parking regulations remain in effect until either of the following occurs:
- No later than June 30, 2025, the planned community shall call a meeting of the membership on the question of whether to continue to regulate public roadways. If the number of owners voting at the meeting on the question is sufficient to constitute a quorum of the membership and a majority of that number votes to continue regulating public roadways in the planned community, the planned community retains its authority to regulate those public roadways. The board of directors shall record in the office of the county recorder of the county in which the planned community is located a document confirming that the planned community continues to regulate the public roadways.
- If the vote fails or if the planned community does not hold a vote the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.
Finally, if your Planned Community CC&Rs were recorded after January 01, 2015, the community has no authority over public roadways within the community.
If your Planned Community needs assistance in determining whether HB2298 applies, please contact Mulcahy Law Firm, P.C. for assistance regarding this and related matters.
