HB 2298
Initials FK/BSR Page 1 Caucus & COW
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. Amends the applicability date from December 31, 2014 to January 1, 2015. (Sec.1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note