Arizona 2024 2024 Regular Session

Arizona House Bill HB2470 Comm Sub / Analysis

Filed 03/01/2024

                      	HB 2470 
Initials DC 	Page 1 	House Engrossed 
 
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. Applies 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) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note