Will the AZ Legislature reject the Constitution: does the HOA control public streets?

Thanks to Dennis Legere of AZ Coalition, AZ HB 2470, as far as I can tell form LegiScan, there are no amendments to this bill. Interpretation: caps are new provisions; strikeouts are deleted.

“33-1818. Community authority over public roadways  A. For any planned community for which the declaration is recorded  after December 31, 2014 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.”

Sections (B) and (C) of ARS 33-1818 are deleted in their entirety. Note that there is no “IF” qualifier meaning that the bill is a mandate for state action. The bill states the law for all HOAs.

As of this date its sitting in the Rules committee. It must pass Rules in order to go to the floor for a House vote. Then again in the Senate. Therefore, advocate Call To Action is to email the House Rules Committee members and argue to pass on the bill for a floor vote. Let all the Representatives have their democratic say.

Historically, this control of public streets issue  started back in 2014. A comprised solution was found in  2014 (I was then involved with Sen. Barto) that split who controls into 2 time zones. If HOA formed after 2014 the municipality controls, otherwise control status remains as of 2014. The only active and relevant HOA, or pseudo, HOA was Sun City West — Up until 2025. STAY AWAKE, more coming.

The new bill, HB 2470, amends a technical correction amendment of 2023 (HB2298, CH. 84)) relating to ARS 33-1818. It stated that HOAs formed prior to January 2015 must call for a vote of the members to retain the HOA’s control of public streets within the HOA. Only if it already “regulates any roadway,” which I believe is only Sun City West – those  retirees.” (My HOA falls into this category, before 2015 with public streets, but not regulating them).

This bill makes it clear that once the developer/developer turns the streets over to the state, HOAs have no control over public streets within the HOA. A solid stand in support of the AZ Constitution and the laws of the land. Obviously, an HOA with no public streets is still possible, and the HOA bears all costs for the street.

There 98 RTS entries FOR the bill, and 30 opposed, including CAI, the League Of Arizona Cities & Towns, the towns of SURPRISE,  Gilbert and Goodyear.  I recognize some opponents as being individuals who are CAI member attorneys: Lynn Krupnik and Jason Smith.

This bill is really a power struggle between CAI and state enforcement of  the Constitution. Why then is CAI once again vehemently in support of private government HOA control of public streets and not the state when there are existing laws that would meet an HOA’s objective?  Specifically, seeking a variance from their local planning board, and in general creating HOAs under Arizona’s Home Rule statutes, which makes them  a municipality. Why? Because the real import of the bill is CAI’s control of HOA-Land without state oversight. One aspect of a slow death to a democratic America.