Bill Text: AZ SB1278 | 2013 | Fifty-first Legislature 1st Regular | Engrossed | LegiScan
This is now the law in the State of Arizona. It has been signed by the Governor. HOAs may no longer act like they own and govern the public streets. The idea that such a law is necessary--that HOAs need to be told this--should be unthinkable, but HOAs function as de facto local governments in many states, free from meaningful regulation.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1818, to read:
33-1818. Community authority over public roadways; applicability
A. NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, AFTER THE PERIOD OF DECLARANT CONTROL, 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 GOVERNMENTAL ENTITY.
B. THIS SECTION APPLIES ONLY TO THOSE PLANNED COMMUNITIES FOR WHICH THE DECLARATION IS RECORDED AFTER DECEMBER 31, 2014.
1 comment:
Hopefully the legislature will remove the nonsensical limitation next session. After all it doesn't matter when the HOA is created - the public street still doesn't belong to the HOA.
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