Arizona Revised Statute (A.R.S.) § 33-1818, amended by House Bill 2298 (HB 2298), addresses the authority of planned communities—otherwise referred to as a Homeowners’ Association (HOA)—over publicly owned roadways. The legislation applies to planned communities and introduces specific requirements based on when the community’s legal declaration—the legal document that creates the HOA as well as its covenants, conditions, and restrictions (CC&Rs)—was recorded.
For HOAs Established Before January 1, 2015:
- Temporary Regulation Authority: HOAs may continue regulating public roadways within their community, under the existing regulations only, until June 30, 2025, but only if:
- A vote is held by the HOA’s members on whether to maintain the existing authority.
- A majority vote from a quorum supports continued regulation.
- Failure to Act: If no vote is held by June 30, 2025, or the vote fails, the HOA permanently loses the authority to regulate public roadways, and existing regulations over public roadways will expire.
- Recording the Decision: If the vote passes, the HOA must document the decision with the county recorder to officially retain regulatory authority.
For HOAs Established After December 31, 2014:
These HOAs have no authority to regulate public roadways owned by governmental entities. This prohibition is automatic and does not require a vote.
Steps for HOAs to Comply:
- Determine Applicability: The law applies if your community meets all the following conditions:
- The HOA is no longer under developer (Declarant) control.
- CC&Rs were recorded before January 1, 2015.
- The CC&Rs include on-street parking or roadway regulations.
- The roadways are publicly owned.
- Hold a Member Vote: Schedule a vote by June 30, 2025, to decide whether to retain existing authority over public roadways. A majority of a quorum is required for approval.
- Submit HOA Contact Information: Complete and submit the necessary forms to keep local authorities informed of your HOA’s primary points of contact and details about any restrictions on public roadways.
What Happens Next?
If the vote passes: Your HOA retains existing authority only and must record the decision with the county.
If the vote fails or is not held: Your HOA permanently loses the ability to regulate public roadways, and existing regulations will expire.
Authority of Local Government:
The local government (e.g., the City of Phoenix) retains regulatory authority over all public roadways, even if the HOA loses its ability to enforce rules.
Take Action Now
Ensure your HOA meets the requirements and schedules a vote to determine the future of roadway regulations in your community before the deadline.
This document provides a clear summary of the law to help HOAs and community members understand their responsibilities and deadlines.
HOA Restrictions Regarding Publicly Owned Roadways
If your HOA has restrictions in place regarding publicly owned roadways, please complete this form.
