HB 2298
Initials FK/BSR Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: GOV DP 8-1-0-0 | 3
rd
Read 59-1-0-0
Senate: GOV DPA 7-0-1-0 | 3
rd
Read 30-0-0-0
HB 2298: planned community authority; public roadways
Sponsor: Representative Carter, LD 15
Senate Engrossed
Overview
Stipulates a homeowners' association (HOA) whose declaration was recorded before January 1,
2015, has until June 30, 2025, to call a meeting to continue regulating public roadways or it will
revert 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 are 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, after the period of declarant control, 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 calls a meeting, 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 the authority to regulate public roadways and any existing regulations will expire.
(Sec. 1)
2. Specifies that a quorum of owners present at the public meeting is required 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)
Senate Amendments
1. Adds that an HOA, after the period of declarant control, whose declaration is recorded after
December 31, 2014, has no authority over and may not regulate any roadway for which the
owner has been dedicated or is otherwise held by a governmental entity.
2. States that the regulation of public roadways does not apply to any one-way streets, without
regard to ownership, or to any privately owned roadways.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note