HB 2470 — planned communities; authority; public roadways

HOUSEHouse FLOOREngrossed AMENDMENTplanned EXPLANATIONcommunities; Bill Number:

HBauthority; 2470 McGarr Floor Amendment • Delays the effective date of the bill for 20 years to January 1, 2044.

Amendmentpublic explanationroadways preparedState byof DianaArizona ClayHouse Phoneof NumberRepresentatives x3745 ls 3/4/2024 Fifty-sixth Legislature McGarr Second Regular Session H.B.HOUSE BILL 2470 AN ACT AMENDING SECTION 33-1818, ARIZONA REVISED STATUTES;

2470RELATING ADDITIONAL COW MCGARR FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.PLANNED COMMUNITIES.

2470(TEXT (ReferenceOF toBILL HouseBEGINS engrossedON bill)NEXT PagePAGE) 1,- linei 6,- afterH.B. "and" insert "BEGINNING JANUARY 1, 2044 AND" Amend title to conform CORY MCGARR 2470FloorMCGARR.docx 03/04/2024 08:44 AM H:

DC/ls2470 Be it enacted by the Legislature of the State of Arizona:

Section 1.

Section 33-1818, Arizona Revised Statutes, is amended to read:

33-1818.

Community authority over public roadways A.

For any planned community for which the declaration is recorded after December 31, 2014 and BEGINNING JANUARY 1, 2044 AND notwithstanding any provision in the community documents, after the period of declarant control A GOVERNMENTAL ENTITY ACCEPTS THE TRANSFER OF OWNERSHIP OF COMMUNITY ROADWAYS FROM THE DECLARANT, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a THAT governmental entity.

B.

After the period of declarant control, for any planned community for which the declaration was recorded before January 1, 2015 and that regulates any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity, the existing regulations continue in effect until either of the following occurs:

1.

Not 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.

2.

If the vote prescribed by paragraph 1 of this subsection fails or if the planned community does not hold a vote of the membership in compliance with paragraph 1 of this subsection, the planned community no longer has authority to regulate the public roadways in the planned community and any existing regulations expire.

C.

This section does not apply to any one-way streets, without regard to ownership, or to any privately owned roadways.

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