On October 30, 2023, Arizona House Bill 2298 went into effect amending A.R.S. § 33-1818. A.R.S. § 33-1818 affects planned communities with deed restrictions recorded prior to 2015 that govern public roadways. This has been determined that A.R.S. § 33-1818 applies to Vistoso Community Association, because :
- Declaration was recorded prior to January 1, 2015, because the Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso (the “Declaration”) was recorded in 1987; and
- The Declaration restricts vehicles from being parked or stored on public roadways. See Article V, Section 5.2.7 of the Declaration.
A.R.S. § 33-1818 requires the Association to hold a membership vote prior to June 30, 2025 to determine whether the Members wish to authorize the Association to continue regulating public roadways within the community.
If this vote passes, the Association will retain its existing authority to regulate the public roadways within the community.
If the vote fails, the Association will lose its authority to regulate the public roadways within the community.
A.R.S. § 33-1818 does not provide a method for the Association to regain its authority to regulate its public roadways in the future; this action cannot be reversed by a subsequent vote of the Members.
A vote “YES” will retain the association’s authority to regulate street parking on public roadways and keep Vistoso streets safe.
This will require a vote of the membership (lot and property owners) that fall under the VCA and are governing under this declaration. Ballots will be going out shortly along with the annual meeting notice and vote for the board of directors.